The National Drug Law Enforcement Agency (NDLEA) has explained why it resorted to the trial of the suspended Deputy Commissioner of Police Abba Kyari and his co-defendants behind closed doors.
NDLEA counsel, Mr. Sunday Joseph explained to newsmen who were barred on Tuesday from covering the sitting shortly after the case was adjourned by Justice Emeka Nwite of a Federal High Court, Abuja, that undercover witnesses were brought to the court and needed to be protected.
He said: “You see, some of these trials where there are security concerns and then we agreed among the lawyers; both myself and the defendants.
“These are class of witnesses that needed to be protected; they are undercover witnesses”, he said.
When asked whether such an act would not prevent the public from knowing what transpired in court, he said: “You know I don’t grant press interviews. That is why I made an exception to tell you”.
On what transpired in the courtroom, Joseph, who is also NDLEA’s Director of the Legal and Prosecution, said the testimony of an additional witness was taken.
The lawyer said that bank documents he sought to be tendered as exhibits were opposed by the defendants and he responded.
“So ruling of the court is reserved on the admissibility of the evidence we sought to tender to 9th June”, he said.
The counsel to the third defendant (Assistant Superintendent Bawa James), Mr Michael Mbanefo also told newsmen that the evidence of one of the witnesses was taken “but it was scuttled by the documents they wanted to tender which we opposed vehemently. So the case adjourned for a ruling”.
Other lawyers, whose matters were listed on the cause list, were also directed to leave the courtroom for Kyari’s case.
Shortly after the NDLEA’s lawyer made the application, Justice Nwite stood down the hearing to allow lawyers, litigants, visitors, and journalists to move out of the courtroom.
The Registrar then announced to lawyers, who had no business in Kyari’s case, to step forward and take another date for their cases.
The development generated provocation from lawyers who waited until the judge reconvened.
When Justice Nwite sat to commence proceedings, one of the lawyers, Emmanuel Oluwabiyi, whose case was No. 11, told Nwite that he was in court for his matter.
Oluwabiyi said he observed that before the judge rose, counsel for the NDLEA made an application. “I understand that it was directed that everybody in the courtroom should step out because of the instant matter. The bar is also meant to be vacated.
“The feedback I am getting is that when this matter is going to be made, no lawyer should be in court.
“I am embarrassed by the application, my Lord”, he complained.
Another lawyer, Mr Ramiah Imhanaede aligned with Oluwabiyi’s submission.
Justice Nwite then pleaded with lawyers who were not in Kyari’s matter to bear with the court in the interim.
He said their matters too would be heard as soon as the hearing was over.
Kyari and other police officers, who are on suspension, are being charged by the anti-narcotic agency on allegations bordering on tampering and dealing with part of the 21.8 kilogrammes of cocaine recovered from two convicts.
The four accused police officers – Assistant Commissioner of Police Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu – are listed as second to fifth defendants respectively.
The NDLEA accused the police officers, who had been on suspension pending the hearing and determination of the matter, of alleged compromise.
They were arraigned alongside Chibunna Umeibe and Emeka Ezenwanne, who allegedly conspired with some other persons (now at large), to traffic the hard drugs into the country.
Umeibe and Ezenwanne were said to have been arrested at the Akanu Ibiam International Airport in Enugu by the Inspector General of Police’s Intelligence Response Team (IRT), led by Kyari, based on their suspicious trafficking in hard drugs.
The suspects were subsequently brought to Abuja and handed over to the NDLEA for further investigation.
Although the two suspects pleaded guilty to the counts preferred against them bordering on the importation of 21.35kg of cocaine into the country, the police officers on trial pleaded not guilty to all the counts against them.
On 14th June, 2022, the court convicted and sentenced Umeibe and Ezenwanne to two years imprisonment.
