NDLEA kicks as Abba Kyari’s lawyer seeks delayed conviction of self-confessed co-defendants
Abba Kyari’s defence team, on Monday, urged the Federal High Court in Abuja to delay the conviction of two of his co-defendants who have already pleaded guilty in their joint cocaine-trafficking trial.
The National Drug Law Enforcement Agency (NDLEA) opposed the request, arguing that the conviction of the two men should not be delayed after their guilty plea.
The anti-narcotic agency had, on March 7, arraigned the seven defendants, including Mr Kyari, on eight charges of conspiracy, illegal dealing in cocaine, importation of cocaine and obstruction.
Four of the defendants are members of the Intelligence Response Team, which Mr Kyari headed until his suspension following his indictment for fraud in the United States last year.
The two others, who are non-police officers, are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were accused of importing 21.35kg of cocaine into Nigeria via the Akanu Ibiam International Airport, Enugu, Enugu State, on January 19, 2022..
At their arraignment on March 7, Mr Kyari and the four other police officers pleaded not guilty, but Messrs Umeibe and Ezenwanne, pleaded guilty to three of the charges that concerned them.
The court subsequently slated March 28 (today) for review of facts to prepare the ground for the conviction and sentencing of the two self-confessed defendants.
As scheduled, NDLEA’s lawyer, Joseph Sunday, applied for the court’s leave to begin the review of facts for the two men on Monday.
Reviewing the facts of the case is a pre-conviction and pre-sentencing hearing for defendants who have admitted their guilt.
But Mr Kyari’s lead lawyer, Kanu Agabi, opposed the prosecution’s application, repeating the same points he raised when the idea of the review of facts was first mentioned on March 7.
Addressing the judge, Mr Agabi, a Senior Advocate of Nigeria (SAN) and erstwhile Attorney-General of the Federation (AGF), said going on to review the facts in preparation of the ground for the conviction of the two defendants would jeopardise the defence of the other defendants.
“All the counts in the charge are interwoven, and reviewing the facts of the case with a view to making findings is dangerous to our clients’ defence,” Mr Agabi told the court.
He contended that the prosecuting lawyer, Mr Sunday, if allowed to proceed with the review of facts, would present facts over which the other defendants would not have the opportunity to cross-examine him.
“Our contention is that if you review the facts of the case at this stage, you will make findings that will be prejudicial to our clients,” Mr Agabi told the judge.
He further explained that the term “cocaine” occurs in all the eight counts.
“So, the facts are interwoven,” the defence lawyer argued, urging the court to keep the request at bay pending the conclusion of his client’s case.
However, the prosecuting lawyer urged the court to dismiss Mr Kyari’s attempt to delay progress of the case of the two defendants who had admitted their guilt.
“The arguments of the defendants are speculative. They have not raised any facts or evidence indicating that reviewing the facts of the case will be prejudicial to their defence,” Mr Sunday contended.
“We urge the court to discountenance the defendants’ objections and proceed with the review of the facts of this case,” the prosecuting lawyer said.
The prosecution’s insistence on going on with the review of facts tallied with position of the lawyer to the two concerned defendants, E.U Okenyi, who had justified his clients’ guilty plea.
In a short argument that ensued after his clients pleaded guilty during the March 7 proceedings, Mr Ukenyi had rejected Mr Agabi’s suggestion that the two defendents’ decision to admit their guilt could have been based on ignorance.
“My clients couldn’t have pleaded guilty to charges in which they are legally represented in court,” Mr Ukenyi had said while justifying his clients’ decision.
He did not oppose the request by the NDLEA to open the review of facts relating to his clients on Monday.
After listening to the prosecuting counsel and Mr Kyari’s lawyer on Monday, the judge adjourned till April 28 for ruling on whether or not to delay the review of facts or order the prosecution to immediately go ahead with it.
Newsmen reported earlier that the judge on Monday rejected the bail applications filed by Mr Kyari and others.
The judge then ordered Mr Kyari and the other four other police officers to be remanded in Kuje prison, in Abuja. He ordered Messrs Emeka and Ezenwanne who have pleaded guilty to be reminded at the correctional centre in Suleja, Niger State.
NDLEA prosecutors accused Mr Kyari and the four IRT members of illicit dealing in 21.35kg of cocaine between January 19 and 25, 2022, thereby committing an offence contrary to and punishable under section 11(c) of the NDLEA Act.
In one of the charges, the anti-narcotic agency alleged that Mr Kyari and the four IRT operatives illicitly tampered with 21.35kg of cocaine by removing 17.55 kg of it and “substituting same with some other substance”. The offence is said to be contrary to and punishable under section 14(b) of the NDLEA Act.
The prosecutors also accused Mr Kyari, in a count which features only him as the sole defendant, of attempting to obstruct the NDLEA and its authorised officers by offering $61,400 to a senior anti-narcotic operative as inducement to prevent the testing of the 17.55kg of cocaine.
In three of the counts, Messrs Umeibe and Ezenwanne were accused of importing the 21.35kg of cocaine into Nigeria via the Akanu Ibiam International Airport, Enugu, Enugu State, on January 19, 2022. They have since accepted their guilt and are now waiting for the legal process that will lead to their conviction and sentencing.
