From Godwin Tsa, Abuja
Justice Zainab Dimka Abubakar of the Federal High Court, Abuja, yesterday, granted an application by the National Drug Law Enforcement Agency (NDLEA) to detain Deputy Commissioner of Police, Abba Kyari, and six others for two weeks.
Kyari and six others are currently under investigation for their involvement in a 25 kilograms cocaine deal.
The court gave the order following the application by the anti-narcotic agency, argued by its Director of Prosecution and Legal Services, Mr. Sunday Joseph yesterday. The agency had, in the application dated February 15, 2022, in suit number FHC/ABJ/CS/111/2022 sought the leave of the court to detain the suspects in NDLEA custody for 14 days pending the conclusion of investigation.
Suspects affected by the order include: DCP Abba Kyari; ACP Sunday J. Ubia; ASP James Bawa; Inspector Simon Agirigba; Inspector John Nuhu; Chibunna Patrick Umeibe and Emeka Alfonsus Ezenwanne.
In an affidavit supporting the motion, the NDLEA stated that the sixth and seventh respondents (Umeibe and Ezenwanne) confessed, upon their arrest in Enugu, that they imported the seized cocaine through Addis-Ababa to Enugu on January 19, 2022.
It further disclosed that “the first to fifth respondents (Kyari, Ubia, Bawa, Agirigba and Nuhu) are police officers who carried out the arrest of the sixth and seventh respondents and transferred them to NDLEA for further investigation.
“That investigation by the NDLEA revealed that the first to fifth respondents have compromised the whole operation and were involved in the importation, trafficking, and dealing and also tampered with the recovered cocaine.
“That the first to fifth respondents have volunteered their statements upon preliminary investigation, which has shown complicity in the case. Copies of statements are hereby attached and marked Annexure NDLEA 4,5,6,7,8, & 9, respectively.
“That the investigation will take some time as there are complicated dimensions of the case that require follow-up and unravelling. That the investigation is likely to extend to foreign countries, where some people linked to this trans-national drug trafficking activities reside.
“That it is in line with the above that the Applicant is applying to the Honourable Court for a period of 14 days in the first instance to detain the respondents to enable it carry out its investigation successfully.”
Rather than grant the application which was moved by counsel to Kyari, Mrs P.O. Ikenna, Justice Ekwo directed that the federal government be put on notice.
Ikenna had told the court that her client is suffering from “diabetes, high blood pressure and severe heart diseases that may cause death.”
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“That since he was receiving medical treatment on a daily basis due to the seriousness of the illness, and that since February 12, 2023, he has not accessed any medical treatment which is dangerous to his health.”
In her ruling, Justice Zainab Dimka Abubakar granted the NDLEA’s prayer and directed that the agency should, at the expiration of the 14 days detention order, either seek an extension, file a charge against the suspects, or arraign them before the court.
Kyari and the four other police officers were arrested and handed over to NDLEA on Monday, February 14, by police authorities, five hours after the agency declared him wanted in connection with the drug deal.