‘They Pleaded Guilty Based On Ignorance’- Abba Kyari Reacts After Co-defendants Admitted To Possessing 21.35kg Of Cocaine

The suspended Deputy Police Commissioner Abba Kyari has said that the sixth and seventh co-defendants (Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne) in his case who pleaded guilty to possession of illicit drugs before the Federal High Court sitting in Abuja, on Monday are “ignorant”.

Kyari, assistant commissioner of police, Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu were arraigned by the National Drug Law Enforcement Agency (NDLEA) alongside Umeibe and Ezenwanne on Monday.

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THE WHISTLER earlier reported that the duo pleaded guilty to charges of importing and possessing 21.35kilogrammes of cocaine in the country, contrary to the NDLEA ACT.

But Kyari’s lawyer, Kanu Agabi, SAN, who appeared along with 4 other SANs, told Justice Emeka Nwite after the duo pleaded guilty, that he should not go ahead to convict and sentence Umeibe and Ezenwanne, arguing that they could have pleaded guilty out of ignorance.

He contended that their name were also mentioned in Count 3 and 4 as alleged accomplices in illicit drug case and that it would not be in the interest of justice to discharge ( and sentence) them now.

The counts upon which Agabi SAN argued as follows:

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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.”

The learned silk further urged the judge to give him another date so he can cite authorities that buttress his argument.

“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 insisted.

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But the Director, Prosecution and Legal Services of NDLEA, Mr. Joseph Sunday, disagreed with Agabi’s argument, urging the judge to proceed and convict the duo adding that Kyari and the rest who pleaded not guilty will not be jeopardized during the trial.

“I’m not on the same page with the senior counsel (Kanu Agabi),” he said.

Umeibe and Ezenwanne’s lawyer said it was unfair for Agabi to say that they pleaded guilty out of ignorance when he(the sixth and seventh defendant counsel) was the legal representation that briefed them.

“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,” the 6th and 7th defendants’ counsel said.

Agabi as well as other defendant counsels also asked the judge to grant his client bail but the NDLEA countered them all.

In his ruling, 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 duo which pleaded guilty and other matters.

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