A Federal High Court in Abuja has ordered suspended Deputy Commissioner of Police (DCP) Abba Kyari to begin his defence in a case involving alleged cocaine trafficking. The court also directed four of his fellow officers from the Intelligence Response Team (IRT) to do the same.
Justice Emeka Nwite gave the ruling on Friday, April 11, 2025, rejecting the no-case submissions filed by the accused officers. The judge ruled that the National Drug Law Enforcement Agency (NDLEA) had provided enough evidence to proceed with the trial.
Five Policemen on Trial
Abba Kyari is standing trial along with four of his former colleagues: Assistant Commissioner of Police (ACP) Sunday J. Ubua, Assistant Superintendent of Police (ASP) Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu. They all served in the IRT before their suspension.
The NDLEA charged the officers with five criminal counts, including conspiracy to deal in 17.55 kilograms of cocaine, unlawful possession of the drug, and conspiracy to tamper with 21.35 kilograms of cocaine that had been seized from two convicted traffickers.
The court had earlier convicted the two traffickers — Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — after they pleaded guilty. However, Kyari and the four officers pleaded not guilty when they were arraigned on March 7, 2022.
No-Case Submission Dismissed
After the NDLEA closed its case, the defence team filed what is known as a “no-case submission.” They argued that the prosecution had failed to provide enough evidence to support the charges and asked the court to dismiss the case.
But in five separate rulings, Justice Nwite disagreed.
“Assuming without conceding that the defendants were charged with a lesser or greater quantity than 17.55kg, it does not remove the fact that the 1st defendant dealt with or tampered with cocaine,” the judge said in his ruling on Kyari’s application.
He added that the actual amount of cocaine involved does not matter under the law, noting that the law does not assign lighter or heavier punishment based on drug quantity.
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Defendants Must Now Prove Their Innocence
With the no-case submission dismissed, Kyari and the four other officers must now present their own evidence and witnesses to prove their innocence.
Justice Nwite said, “The court has found that there is a prima facie case against all five defendants. They are hereby ordered to open their defence.”
The trial is set to continue on May 21, 2025, when the defence proceedings will begin.
Abba Kyari, once celebrated as a top police officer for his work in fighting violent crime, was arrested on February 14, 2022, after the NDLEA declared him wanted. The agency accused him of having links to an international drug cartel and of trying to cover up a cocaine deal.
His arrest shocked many Nigerians and sparked public debate about corruption within the police force. Many people had seen Kyari as a crime-fighter and national hero before the drug allegations came to light.