Justice Emeka Nwite of the Federal High Court in Abuja has ruled that suspended Deputy Commissioner of Police, Abba Kyari, and his co-defendants must open their defence in the ongoing drug trafficking case filed by the National Drug Law Enforcement Agency (NDLEA).

The ruling, delivered on Friday, April 11, followed a series of no-case submissions filed by the defendants, which the court dismissed. Justice Nwite held that the prosecution had presented sufficient evidence to establish a prima facie case against the embattled officer and his co-accused.

Kyari, a former Head of the Inspector-General of Police Intelligence Response Team (IRT), was arrested on February 14, 2022, after the NDLEA declared him wanted over alleged involvement with an international drug cartel.

He is standing trial alongside four other police officers—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu—on charges of conspiracy to deal in 17.55kg of cocaine, unlawful dealing, and tampering with evidence.

The defendants were arraigned on March 7, 2022, alongside two suspected drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were apprehended at the Akanu Ibiam International Airport in Enugu. While Kyari and the four officers pleaded not guilty, Umeibe and Ezenwanne pleaded guilty and were subsequently convicted.

Following the closure of the NDLEA’s case, the defence team filed a no-case submission, arguing that the evidence presented was insufficient for conviction. However, in five separate rulings, Justice Nwite disagreed.

“Assuming without conceding that the defendants were charged with a quantity of cocaine either less or more than 17.55kg, it does not negate the fact that prima facie evidence exists showing the 1st defendant dealt with or tampered with cocaine,” the judge stated in his ruling on Kyari’s application.