The Federal High Court, Abuja, on Thursday, dismissed a bail application by a co-defendant standing trial on cocaine trafficking charges alongside a suspended deputy commissioner of police, Abba Kyari, and others.
The court dismissed the bail application by Bawa James, an assistant superintendent of police, adjudging him to be a flight risk.
This decision came exactly a month after the trial judge, Emeka Nwite, similarly dismissed other defendants’ bail applications on March 28.
The News Agency of Nigeria (NAN) reports that the judge, had while ruling on other defendants’ applications, said that of Mr James was not ripe for hearing.
After the hearing of the outstanding bail application, the judge ruled on Thursday that the National Drug Law Enforcement Agency (NDLEA) succeeded in proving beyond doubt that Mr James was not worthy of bail.
The judge upheld the argument by NDLEA’s lawyer, Joseph Sunday, that Mr James (the 3rd defendant) was likely to jump bail.
Mr Nwite also said the 3rd defendant had failed to bring up strong evidence to challenge the anti-narcotic agency’s submission that the evidence against him was very serious.
He said though the defence argued that the court had the discretionary power to rule in favour of the applicant since the offence was a bailable one, the argument of the prosecution swayed him into rejecting the bail request.
The judge, after rejecting Mr James’ bail application, adjourned the matter until May 26.
Background
Mr Kyari is standing trial on cocaine-related charges alongside four members of his former police unit, the Intelligence Response Unit (IRT), and two other persons arrested at the Akanu Ibiam International Airport in Enugu, Enugu State, in January this year.
The four police officers among Mr Kyari’s co-defendants are Sunday Ubua, an assistant commissioner of police; Mr James, an assistant superintendent of police; Simon Agirgba, an inspector; John Nuhu, also an inspector.
The two others, who are non-police officers, are Chibunna Patrick Umeibe and Emeka A Ezenwanne,
The arrest of Messrs Umeibe and Ezenwanne at the Akanu Ibiam International Airport in Enugu, Enugu State, in January this year, led to the arrest of Mr Kyari and members of his former police unit.
All the seven defendants were arraigned on March 7 on eight charges of conspiracy, illegal dealing in cocaine, importation of cocaine and obstruction.
Mr Kyari and the four other police officers pleaded not guilty, setting the stage for the commencement of their trial.
But the two other co-defendants, Messrs Umeibe and Ezenwanne, pleaded guilty to the charges, and the court subsequently slated March 28 (today) for review of facts to prepare the ground for their conviction and sentencing.
Charges
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-narcotics operative as an inducement to prevent the testing of the 17.55kg of cocaine.
In three of the counts, Messrs Umeibe and Ezenwanne were accused of importing 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.
Apart from the narcotic charges, Mr Kyari has pending against him fraud charges in the United States and an extradition suit at the Federal High Court in Abuja.
(NAN)
