By Gideon Njoku
Not wanting to waste the Court’s time, two civilian co-defendants in the case brought against suspended Deputy Commissioner of Police, Abba Kyari, on Monday, March 7, pleaded guilty to the charges preferred against them by the National Drug Law Enforcement Agency, NDLEA.
The two men who are the 6th and 7th defendants in the case, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were arraigned at a Federal High Court, Abuja, on Monday, March 7, 2022, before the Honourable Justice Emeka Nwite.
However, the Counsel for Abba Kyari, Kanu Agabi, SAN, a former Attorney General of the Federation, who is leading other senior lawyers, in a strong defence of the former revered Kyari, said the two men pleaded guilty to the possession of 21.35kg of Cocaine out of ignorance.
Kyari and the four Police officers arraigned with him – Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu – pleaded not guilty to the All the seven- count charges against them.
After the two pleaded guilty, Agabi urged the Judge not to proceed in convicting them and sentencing them because their names were, also, mentioned in Counts 3 and 4 as alleged accomplices in the case. Otherwise, Agabi argued, it would not be in the interest of justice.
Agabi had argued as follows:
COUNT 3
“That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, all male, Adult on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable Court conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully tamper with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphons Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and by substituting same with some other substance and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.
COUNT 4
“That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male Adult on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.”
Agabi asked the Court for another date to enable him cite authorities to back his argument.
He said:
“It is not in the interest of Justice for that finding to be made while the trial is still subsisting.
‘‘It may be that their plead of guilty is based on ignorance,”, he said
Agabi’s submission was, however, countered by the Director, Prosecution and Legal Services of NDLEA, Joseph Sunday, who urged the Judge to proceed and convict the two. He said that doing so will not affect the fate of Kyari and the four others who pleaded not guilty during the trial.
Umeibe and Ezenwanne’s Counsel also disagreed with Agabi. He told the Judge:
“I’m not on the same page with the senior counsel (Kanu Agabi). It is unfair for Agabi to say that they pleaded guilty out of ignorance when he was the legal representation that briefed them (6th and 7th defendants)
“His fears can be articulated in an argument. To say they are ignorant is not fair to their counsel. My prayer is that they should be discharged so they should know their fate,”
Agabi and Counsels to otger defendants also asked the Judge to grant their clients bail. The NDLEA countered them.
Justice Nwite adjourned to 14 March for hearing on bail application while March 28 was fixed for hearing on review of the facts regarding the Umeibe and Ezenwanne who pleaded guilty and other matters.
