- Reserves ruling on bail application August 30
The Federal High Court sitting in Abuja on Wednesday admitted as exhibits $61,400 United States Dollars as exhibits in the trial of Deputy Commissioner of Police Abba Kyari and four others for drug trafficking.
Kyari, who is the 1st defendant, was arraigned alongside four accused police officers, including ACP Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba and Inspector John Nuhu as 2nd to 5th defendants respectively on March 7.
The NDLEA accused the police officers, who had been on suspension pending the hearing and determination of the matter, of alleged compromise , dealing and tampering with part of the 21.8 kilogrammes of cocaine recovered from two convicts Chibunna Umeibe and Emeka Ezenwanne.
Mr. Peter Joshua , a staff of NDLEA and third prosecution witness tendered the money on Wednesday. He also tendered two separate traveling bags containing 390 pallets and 12 packs of cocaine.
According to the witness who testimony in relation to the exhibits was physically verified in the court room, “one of the bags contains 9 cotton packs of well packaged cocaine. While the other bag contains 3 cotton packs of cocaine and 390 pallets.”
The items were separately admitted in evidence. Also admitted in evidence were three International Passports, two belonging to the 6th defendants, (chibunna Patrick) and the other passport belonging to the 7th defendant, Emeka Alphonsus Ezenwannu . Both defendants have earlier pleaded guilty and convicted.
Joshua further told the court that a team from the Intelligence Response Team led by one Superintendent John Mordi accompanied the convicts with the exhibits .
“My lord the suspected products were brought to me and I conducted preliminary test and it proved to be cocaine “
Both the first ,Second and third defendants lawyers, Onyechi Ikpeazu SAN, Gboyega Oyewole, SAN, and Mbanafo took time to cross examined the witness.
The witness admitted that he weighed the drug substance and that 3.8kilogram tested positive while the others that tested negative that is they did not show indication that it contains cocaine.
He said that he took the samples to Lagos laboratory for scientific forensic analysis and they were confirmed to be cocaine.
Meanwhile,trial Court judge,Justice Emeka Nwite on Wednesday adjourned till August 30 to deliver ruling on the bail applications filed by the suspended Deputy Commissioner of Police (DCP), Abba Kyari and three of his co-defendants.
The Judge fixed the date after parties on the matter made submissions for and against the bail of the former Head of the Intelligence Response Team (IRT) of the Nigeria Police Force and three others as one of four arraigned with him did not applied for a revisit of bail that was earlier refused by the court.
Dr. Onyeachi Ikpeazu (SAN), who represented Abba Kyari and the lawyers for 4th and 5th defendants in the eight-count charge, prayed the court to consider the recent terrorist attacks on the Kuje Custodian Center and grant their clients bail.
They told the court that the terrorists did not only enter the prison but also took over the prison for over three hours and the applicants, who are law abiding did not ran away, even though they have the opportunity to do so.
While noting that the defendants/ applicants will not jump bail if granted, Ikpeazu said, they will also not interfere with investigations as the prosecution had told the court that investigations in the matter have been completed.
Counsel to the second defendant, Gboyega Oyewole (SAN), on his part urged the court to grant his client bail in view of the health condition of his wife, whom he said, has being battling with cancer for sometimes now and it is the 2nd defendant that has been catering for her.
In a vehement opposition, prosecution counsel and Director of Prosecution and Legal Services of the National Drug Law Enforcement Agency (NDLEA), Sunday Joseph told the court to refuse the bail applications of Kyari and his co-defendants.
According to the prosecution in its counter affidavit, DCP Abba Kyari and his co-defendants are flight risk and that they would tamper with the money laundering investigations and the witnesses lined up for the trial
He argued that the court had earlier made pronouncement on the bail of the defendants and that there is nothing placed before the court to warrant a reconsideration of the earlier pronouncement of the court.
Justice Nwite reserved the ruling till August 30.