In an unprecedented move, the Federal High Court in Abuja has granted permission to detained Deputy Commissioner of Police (DCP), Abba Kyari, to travel to his hometown to bury his mother. Kyari, who is facing drug trafficking charges, was granted temporary freedom from Kuje prison for a period not exceeding two weeks to participate in his mother’s final burial rites. Acording to Vanguard Newspaper, The ruling was delivered by trial Justice Emeka Nwite on Tuesday.
The order for Kyari’s temporary release marks a significant development in his ongoing trial. Kyari, formerly the head of the Police Intelligence Response Team (IRT), is on trial for allegedly tampering with cocaine seized from two convicted drug peddlers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
Justice Nwite had previously barred journalists from covering the trial, citing an application from the National Drug Law Enforcement Agency (NDLEA). The restraining order, issued on May 16, 2023, was intended to protect the identities of some sensitive witnesses scheduled to testify. The Director of Legal and Prosecution at the NDLEA, Mr. Sunday Joseph, argued that shielding the identities of these intelligent officers was in the national interest. He also noted that members of the Inspector-General of Police’s IRT, loyal to Kyari, were frequently present in court, observing the proceedings.
Kyari and four members of his team—ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba, and Insp. John Nuhu—are facing an eight-count charge brought by the NDLEA. The agency alleges that between January 19 and 25, 2022, the officers unlawfully tampered with 21.25 kilograms of cocaine seized from Umeibe and Ezenwanne and dealt with an additional 17.55 kilograms of cocaine. These offences were allegedly committed at the IRT office in Abuja, in connivance with one ASP John Umoru, who is currently at large, in violation of section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.
The court had previously denied bail to Kyari and his co-defendants, ordering their remand at Kuje prison. However, the court has scheduled May 31 to consider a fresh application from Kyari for bail pending the determination of the charges against him.
Kyari’s legal team, led by Mr. Nureni Jimoh, SAN, has argued that the charges are legally defective and premature, insisting that the NDLEA should have allowed the police to complete their internal investigation before initiating court proceedings. The defence maintains that the police had already begun investigating the allegations and had issued an interim report. They contend that Kyari could only be charged to court upon the conclusion of this internal investigation.
Justice Nwite had previously dismissed a motion filed by Kyari challenging the competence of the charges. The NDLEA, meanwhile, continues to press its case, highlighting the seriousness of the offences and the necessity of the legal proceedings.