Suspended Deputy Commissioner of Police (DCP) Abba Kyari, has pleaded with a federal high court in Abuja not to send him to prison.
Kyari was arraigned on Monday alongside other members of the police Intelligence Response Team (IRT).
In the charge marked FHC/ABJ/57/2022, they were accused of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms.
Upon arraignment on Monday, Kyari and four other defendants pleaded not guilty, while the sixth and seventh defendants pleaded guilty and begged the court to “have mercy”.
Kanu Agabi, Kyari’s lawyer, who pleaded with court on his behalf, said his client should be allowed to remain in the custody of the National Drug Law Enforcement Agency (NDLEA) pending the hearing and determination of his fresh application for bail.
He also noted that the application had been filed and served on all parties, adding that the offences against his clients (Kyari and Ubua) were bailable.
He said, “We appeal that they be kept in the NDLEA custody until the bail is heard. They lose nothing if they do that.”
Meanwhile, the NDLEA lawyer did not oppose the request that the defendants continue to stay in the custody of the agency.
But the bail application was not heard because not all processes were before the court.
Addressing the court, the prosecution counsel, Joseph Sunday, maintained that reviewing the facts of the case would not prejudice DCP Kyari and the others.
He said, “My lord, this sort of application by the defence (counsel) is to undermine the capacity of this court.
“This case to be considered on the basis of the evidence before the court. I do not see how the 1st to 5th defendants will be prejudiced since we are going to confront them with evidence against them.
“The most proper thing is to dispose of the case against the 6th and 7th defendants.
“It will be unjust and unfair to keep the two defendants in custody while waiting for the conclusion of the trial of the others.”
Kyari was brought before Justice Emeka Nwike, alongside four other police officers, ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
Two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne were also arraigned alongside Kyari.
The judge ordered that the defendants continue their detention in the NDLEA custody pending hearing of the bail application next Monday, March 14.
