The National Drug Law Enforcement Agency, NDLEA, on Wednesday, sought permission of the Federal High Court sitting in Abuja, to mask identities of lead witnesses billed to testify in the ongoing trial of the detained Deputy Commissioner of Police, DCP, Abba Kyari, who is facing drug trafficking charge.
Kyari, who hitherto headed the Police Intelligence Response Team, IRT, is facing trial alongside four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
The Defendants are answering to an eight-count charge the NDLEA preferred against them for allegedly tampering with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
At the resumed proceedings in the matter on Wednesday, the NDLEA, through its Director of Legal Services, Mr. Sunday Joseph, notified the court of its intention to present six major witnesses that will give evidence in the matter.
However, the agency, which had already produced four witnesses before the court, pleaded for identities of the intending witnesses to be shielded from the public.
The prosecution counsel, Mr. Joseph, said the essence of the application was to ensure the safety of the witnesses.
“My lord, there are some people that are always here in this court to observe the proceeding. Some of them are police officers and some we don’t know their identities.
“We need to protect the witnesses, that is why we are making this application”, NDLEA’s lawyer added.
On his part, Kyari’s lawyer, Dr. Onyechi Ikpeazu, SAN, said he would not oppose the application, so far his client and the legal team would be allowed to see the witnesses.
Counsel to all the other Defendants aligned themselves with the position of Kyari’s lawyer.
Consequently, before he adjourned further hearing on the matter till Thursday, trial Justice Emeka Nwite directed the NDLEA to bring a formal application.
The development came on a day the fourth prosecution witness, PW-4, Mr. Mohammed Ajia, who is A Commander of Narcotics at the FCT Command of the NDLEA, testified before the court.
The witness, told the court that he is in charge of the operational and administrative affairs of the NDLEA in the FCT, Abuja.
He told the court that he had on February 4, 2022, received a letter that notified him of the transfer of the two convicted drug traffickers, Umeibe and Ezenwanne, to his Command, with drug exhibits.
“The letter was signed on behalf of Deputy Commissioner of Police, DCP, IRT.
“Apart from the two drug traffickers and the exhibits, attached to the letter were equally three international passports and two ID cards.
“On the nature of the drugs transferred to the FCT Command, we received on that day, 12 White Cotton Packs of a powdery substance suspected to be cocaine., as well as an additional 12 packs of the powdery substance in Pellets form.
“So, in all, there were 24 packs that were packed in two travelling bags- One brown and the other one greenish in colour.
“Upon receipt of the letter, I acknowledged it and minuted on the transfer letter to my exhibit keeper”.
Meanwhile, the transfer letter dated January 24, 2022, but received by the NDLEA on February 4, which was signed by the 2nd Defendant in the matter, ACP Ubia, was tendered and admitted in evidence as Exhibit 13.
The witness further identified the two bags containing the suspected cocaine that was transferred to the NDLEA by the IRT, which the court earlier admitted and marked as Exhibits 7 and 8.
Continuing his evidence, the witness, said: “My lord, I also witnessed the testing of the substance. The testing was done pack by pack. Each pack had to be tested differently.
“The substance, generally, tested about 80% positive for cocaine, while in the remaining 20%, there were traces of cocaine, suggesting that it may have been adulterated with other powdery substance”.
While being cross-examined by the defence lawyers, the witness, said his enquiry from experts that conducted the test, revealed that the substance that was mixed with the cocaine handed to him, was “Bicarbonate”.
Asked if he knew what Bicarbonate means and to describe what it looks, the witness, said: “I am not a chemist or a biochemist so this question is unfair to me. My lord I don’t know what Bicarbonate is”.
He admitted to the court that though the NDLEA maintains operatives in all International Airports in the country, it was however the Kyari led members of the police IRT that arrested the two convicted drug traffickers at the Akanu Ibiam International Airport in Enugu.
“It was not our operatives at the international airport in Enugu that brought the seized cocaine”, he added.
Asked if he was aware whether the NDLEA operatives that cleared the two drug traffickers before they were apprehended by the IRT, have been arrested or prosecuted for escorting cocaine into the country, the witness, said: “It is not within my purview to know about such. I am not the Commander of Nigeria but only that of NDLEA in FCT.
“It was Police as an organization that arrested the suspected drug dealers not necessarily the Defendants.
“My first encounter with the two suspected drug traffickers was when they were brought to me through the transfer letter”, the PW-4 added.
It will be recalled that the court had earlier convicted the two drug traffickers, Umeibe and Ezenwanne, after they pleaded guilty to the charge.
Following a plea bargain deal they entered into with the NDLEA, the duo, were sentenced to two years imprisonment on each of three counts in the charge, even as the court stressed that the sentence would run concurrently.
The NDLEA had alleged that Kyari and his men, unlawfully tampered with 21.25kilograms worth of cocaine that they seized from the two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- even as it also accused them of dealing in cocaine worth 17.55kg.
It alleged that the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.
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