Suspended Deputy Commissioner of Police, DCP, Abba Kyari, who was arraigned in court for drug trafficking related charge on Monday, has appealed to the Federal High Court, sitting in Abuja, not to remand him in prison custody.
Kyari made the appeal through his lawyer, Mr Kanu Agabi, SAN, praying the court to allow him to remain in the custody of the National Drug Law Enforcement Agency, NDLEA, pending the hearing and determination of his fresh application for bail.
The embattled DCP, who had, before he entered into troubled waters, headed the Police Intelligence Response Team, IRT, made the request after pleading not guilty to an eight-count charge the NDLEA preferred against him and six others.
Kyari was docked for trial Justice Emeka Nwike, alongside four other police officers, ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu, as well as two alleged drug traffickers, who were arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
While Kyari, dressed in blue native attire, and his police co-defendants, pleaded not guilty to the charge, the 6th and 7th defendants, Umeibe and Ezenwanne, pleaded guilty to the allegations against them.
Meanwhile, shortly after the defendants entered their plea, the NDLEA, through its Director, Prosecution and Legal Services, Mr Joseph Sunday, applied for a trial date and for review of facts in respect of the defendants that pleaded guilty to the charge.
The NDLEA equally told the court that it filed a counter-affidavit to oppose the release of Kyari and the other four former members of the Police IRT, on bail.
However, Agabi, SAN, while arguing that the charge against the defendants were bailable offences, he urged the court not to accede to the NDLEA request for facts in respect of Umeibe and Ezenwanne.
The Senior Advocate contended that it will be prejudicial to his client for facts of the case to be reviewed and a decision reached on it, while the trial is still subsisting, making references to cases where Defendants, out of ignorance, pleaded guilty to a charge against them.
He said, “It is not in the interest of justice for the facts to be reviewed while the trial is still ongoing.”
He further noted that both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved Kyari and the others.
But on his part, the 9rosecution counsel, 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 is to undermine the capacity of this court.
“This case is 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.
“It is better for them to be convicted to enable them to start serving their sentence.”
After listening to oral arguments from both sides, the presiding judge, Justice Nwite, said that he would want the parties to formally address the court on the issue next Monday.
