The Federal High Court in Abuja on Friday dismissed the no-case submissions filed by suspended Deputy Commissioner of Police Abba Kyari and his co-defendants. In its ruling, the court ordered the defendants to present their defenses in the drug trafficking and tampering case initiated by the National Drug Law Enforcement Agency (NDLEA).
Justice Emeka Nwite, delivering the ruling, stated that a prima facie case had been established against the accused. Kyari and his co-defendants are charged with tampering with and dealing in hard drugs, specifically involving 17.55 kilograms of cocaine.
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In March 2022, the NDLEA arraigned Kyari along with six others on allegations of conspiring to tamper with and traffic 21.35 kilograms of cocaine seized from suspected drug traffickers. The list of defendants includes police officers Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu, as well as two alleged traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne. They are facing five counts related to drug trafficking.
The indictment reads: “That you, DCP Abba Kyari, ACP Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all male adults, on or about January 19–25, 2022, within the office of the Inspector-General of Police (IGP) Intelligence Response Team (IRT) in Abuja, unlawfully tampered with 21.35 kilograms of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne in the custody of the IGP-IRT, by removing and disposing of 17.55 kilograms of the cocaine and substituting it with another substance.”
The charges are brought under Section 14(b) of the NDLEA Act, CAP N30, Laws of the Federation of Nigeria, 2004.
While Kyari and the other police officers pleaded not guilty, Umeibe and Ezenwanne pleaded guilty to knowing possession of 21.35 kilograms of cocaine. They later entered a plea bargain with the NDLEA and were sentenced to two years’ imprisonment by Justice Nwite on June 14, 2022.
During the trial, NDLEA counsel Sunday Joseph presented several witnesses to establish that Kyari and his team had tampered with the seized cocaine. In response, the defense team filed no-case submissions, arguing that the evidence was insufficient to compel a defense.
At the resumed hearing, Justice Nwite stated, “Even assuming, without conceding, that the defendants were charged with an amount of cocaine either less than or greater than 17.55 kilograms, it does not negate the fact that there is prima facie evidence that Kyari tampered with or dealt in cocaine.” The judge further held that the NDLEA was not required to prove the exact quantity of cocaine alleged in the charges, noting that the applicable law does not impose different punishments based on the quantity.
“There is absolutely nothing in the section under which the defendants were charged that provides for different punishments based on the quantity of cocaine,” Justice Nwite emphasized. He clarified that the offense lies in the possession or tampering with cocaine, regardless of the quantity involved.
“In view of the foregoing, I am of the view, and I so hold, that a prima facie case has been made out against the first defendant (Abba Kyari) in the five-count drug trafficking charge. I hereby order him to enter his defense on all five counts,” he ruled.
Justice Nwite also rejected the no-case submissions of Kyari’s co-defendants and ordered them to proceed with their defenses. The case has been adjourned to May 21, 2025 for the defendants to begin presenting their defenses.
Abba Kyari NDLEA case
1. What is Abba Kyari charged with?
Abba Kyari is charged with five counts of cocaine tampering—specifically, the removal and substitution of 17.55kg of cocaine—and trafficking under Section 14(b) of the NDLEA Act.
2. When is the next court date?
The next court date is scheduled for May 21, 2025, when the defense will present their arguments at the Federal High Court in Abuja.
3. What is the punishment for cocaine tampering in Nigeria?
- Minimum: 15 years imprisonment
- Maximum: Life imprisonment
