Drug trafficking: Court dismiss Abba Kyari co-defendant bail application

By Vivian Okejeme, Abuja

A Federal High Court sitting in Abuja has discountenanced a bail application filed by ASP Bawa James, a co-defendant in the drug trafficking case preferred against suspended DCP Abba Kyari and others. 

The defendants ar facing eight-count charge of drug trafficking, an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency A t Cao N39 Laws of the federation 2004.

The court in its ruling, held that it aligned with the prosecution  (National Drug Law Enforcement Agency (NDLEA)) presented enough ingredients before it to prove beyond doubt why the court should not admit James to a bail.

At the last adjourned date, Justice Emeka Nwite adjourned till yesterday, to rule on bail application filed by James after Kyari and other co-defendants’ bail pleas were rejected on the grounds that James’ application was not ripe for hearing. 

Ruling, the judge aligned with the argument of counsel for NDLEA, Joseph Sunday, that James (3rd defendant) was a flight risk and that he might jump bail.

Nwite said that the acpfailed to present strong evidence to counter the prosecution’s insistence that the character of 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, he was mindful to consider the submission of the prosecution.

In his defence, counsel to James told the court that ASP James had a good record as staff of the Nigerian police and had conducted himself well in the course of the trial.

However, the NDLEA, in its counter affidavit, said it would be improper and inappropriate for the court to grant him bail considering the nature of the case.

The NDLEA had, on March 7, arraigned Kyari (1st defendant) and six others on allegations bordering on cocaine deal.

He was arraigned alongside four suspended police officers including ACP Sunday Ubia, ASP James, Insp. Simon Agirigba and Insp. John Nuhu as 2nd to 5th defendants respectively..

Also arraigned with them are Chibunna Umeibe and Emeka Ezenwanne, the two alleged drug traffickers who were arrested at the Akanu Ibiam International Airport in Enugu.

Although the five officers pleaded not guilty to all the charges against them, Umeibe and Ezenwanne, who are 6th and 7th defendants respectively, pleaded guilty to five, six and seven counts preferred against them.

Meanwhile, the matter is adjourned till May 26 for review of facts.