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From Godwin Tsa, Abuja
Two of the six suspects arraigned with the suspended Deputy Commissioner of Police (DCP), Abba Kyari pleaded to the eight-count charge of conspiracy and drug trafficking.
On the contrary, Abba Kyari and four suspended members of his Intelligence Response Team (IRT), ACP Sunday J. Ubia; ASP James Bawa; Inspector Simon Agirigba and Inspector John Nuhu all entered a plea of not guilty to the charges filed against them by the National Drug Law Enforcement Agency(NDLEA).
When the charges were read to them before Justice Emeka Nwite, the dou of Chibunna Patrick Umeibe and Emeka Alfonsus Ezenwanne pleaded guilty to counts 5, 6 and 7.
In the charge marked FHC/ABJ/CR/57/2022, NDLEA accused Kyari and the four other police officers of conspiracy, obstruction, and dealing in Cocaine worth 17.55 kilograms. They were also accused of tampering with 21.25kg of cocaine unlawfully.
Umeibe and Ezenwanne are the two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport in Enugu.
Chibunna Umeibe and Emeka Ezenwanne specifically pleaded guilty to counts 5, 6 and 7 while urging the court to “have mercy on us.”
They are charged with knowingly possessed 21.35 kilogrammes of cocaine and offence contrary to and punishable under sections 11(d), 14(b), 23 and 49 of the National Drug Law enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.
Shortly after taking their plea, the prosecution counsel, Joseph Sunday, a Director, Prosecution and Legal Services with Prof. Joshua Alobo, had prayed the court for a trial date for the 1st to 5th defendants.
Sunday also urged the court to grant a leave to review the charges against Umeibe and Ezenwanne who pleaded guilty for the charges against them. “We hope to file our prove of evidence latest tomorrow (Tuesday),” he said.
However, the lead defence counsel to Kyari and Ubia, Chief Kanu Agabi (SAN), informed that a bail application had been filed in respect of his clients.
Other Senior Advocates of Nigeria who appeared with Agabi are Mahmud Magaji (SAN); Nureini Jimoh (SAN); James Onoja (SAN) and Moses Ebute (SAN) were in court with eight other lawyers.
ASP James Bawa had Michael Mbanefo and Mariam Osene as defence counsel while M.Y Chiara and two others represented Agirigba and Nuhu, with E.U Okenyi appearing for Umeibe and Ezenwanne.
After the accused took their pleas, Chief Agabi told the court that he had filed bail applications for the 1st and 2nd defendants since Tuesday March 1, 2022.
But in opposition to the bail application the prosecution counsel said he has filed a counter affidavit application before the court.
In like manner, counsel to other defendants informed the court that had filed bail applications in on behalf of their clients, except E.U Okenyi for Umeibe and Ezenwanne.
At this stage, the prosecution urged the court to schedule a date for the trial of the 1st and 5th defendants while he was going to file a review of facts against the 6th and 7th defendants in view of their plea of guilt.
“In view of the plea of the 1st to 5th defendants, we want to file a review of facts against the 6th and 7th defendants. We hope to also file our proof of evidence latest Tuesday and served on the defendants as we are ready to prosecute the case, ” Sunday stated.
However, Agabi informed the court he has filed a bail application for the 1st and 2nd defendants.
But the prosecution counsel who confirmed the service of the bail application on him, however told the court that he has filed a counter affidavit in opposition to the said bail application.
Other defence counsel told the court that they have equally filed their bail applications in respect of their clients.
However, Justice Nwite said he was yet to go through the bail applications especially the counter affidavit by the NDLEA, and was not disposed to taking them.
The judge therefore fixed March 14 to hear the bail applications.
Meanwhile, the defence counsel vehemently opposed to the request by the NDLEA for a review of facts against the 6th and 7th defendants who pleaded guilty to the charges.
The defence counsel expressed fear that the review of facts against the 6th and 7th defendants who pleaded guilty will prejudice the case and therefore urged that the court put the review on hold pending the conclusion of the trial of the 1st to 5th defendants.
Agabi argued that “of the facts are reviewed and decision made on this facts, our clients will be prejudiced. “We are ready to address the court on this, he assured.
But the NDLEA prosecution counsel however opposed the plea citing an existing judgment. He urged that the court should proceed with the sentencing of the 6th and 7th defendants since they had pleaded guilty adding that it will be totally unfair to keep them in prison pending the trial of the 1st to 5th defendants.
“The plea of guilt of other defendants does not rob on other defendants. The application by the defence counsel is to undermine the authority of this court. The case is going to be considered on the basis of the evidence placed before the court.
” The court has the capacity to evaluate the evidence as the other defendants will have opportunity to confront them with evidence. A review of facts does not in any way prejudice the defendants.
” There is no basis to continue to keep the 6th and 7th defendants who have pleaded guilty. There is nothing in the jurisprudence that permits this. The most important fact is to dispose the case against the 6th and 7th defendants.”
The prosecution therefore, urged that the court should proceed with the sentencing of the 6th and 7th defendants since they had pleaded guilty adding that it will be totally unfair to keep them in prison pending the trial of the 1st to 5th defendants.
Meanwhile, the defence counsel urged the trial judge to remand the defendants in NDLEA custody instead of the Nigerian Correctional Centre, a request the prosecution said would not be objected on the ground that the defendants will be responsible for their own upkeep.
Justice Nwite adjourned the case to March 28, 2022 for a review of facts and hearing of the case while all respondents are to be remanded in NDLEA facility pending the hearing of the bail application on March 14, 2022.
