A Federal High Court in Abuja has rejected the no-case submissions made by a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF), DCP Abba Kyari and his four co-defendants.
Kyari and four members of the IRT, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, are being prosecuted on charges of conspiracy to deal in 17.55kg of cocaine.
They are also accused of dealing in cocaine without lawful authority, conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
Each of the five defendants had made a no-case submission after the prosecuting agency – the National Drug Law Enforcement Agency (NDLEA) – closed its case after calling a number of witnesses.
They had argued, among others, that the prosecution failed to establish a prima facie case against them to warrant their being called upon to enter defence.
Ruling yesterday, Justice Emeka Nwite held that with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward their defence.
In one of the rulings, he said in summary, assuming without conceding that the defendants were charged with less amount of cocaine, lesser than 17.55 kg or more than that, it does not take away the fact that there is prima facie evidence that the first defendant (Kyari) dealt or tampered with cocaine.
The judge added that the first defendant’s lawyer on the need to sufficiently prove the amount of cocaine on the face of the charge is not the requirement of the law.
Justice Nwite said there is nothing on the face of the section of the law, on which the defendants were charged, that states or provide different punishment as it relates to the quantity or amount of cocaine, whether the charge provide for 1 kilogram or more.
He said the punishment is ascribed to it in the law.
Justice Nwite held: “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 in the five count charge and I hereby order him to enter his defence in all the five count.”
The judge who issued similar order in relation to the other four defendants, adjourned till May 21 for the defendants to commence their defence.
