The death of the daughter of Dr. Onyechi Ikpeazu, SAN, on Wednesday, stalled the trial of the suspended DCP Abba Kyari in the drug-related charge preferred against him and others by the National Drug Law Enforcement Agency (NDLEA) before the Federal High Court in Abuja.
The court trial of Abba Kyari had slated Wednesday for Kyari and his co-defendants to open their defense but, when the matter was called, Abdul Mohammed, SAN, holding the brief of Dr Ikpeazu informed the court that he (Ikpeazu) lost his daughter in an accident on Saturday, May 17, 2025.
Mohamed told the trial Judge, Justice Emeka Nwite that Ikpeazu is presently in shock following the demise of his daughter, who is billed to be called to Bar after passing the final Bar examination.
“Out of respect for the court, he directed me to come and convey the sad news to the court and asked that this matter be adjourned to a reasonable time to enable him to get himself back for the proceedings.
“We are suggesting July 7, the period we feel would enable him to nurse the wound before coming back to conduct the proceedings”, Mohammed told the court.
Responding, the prosecution counsel, Sunday Joseph said he was saddened when he heard about the loss of the senior lawyer’s daughter.
He said the prosecution agreed with the date suggested by the defense counsel.
The prosecution counsel, however, drew the attention of the court to an affidavit that said that Kyari was operated on for prostrate, but that a letter from the Gwagwalada teaching hospital said, there was no prostrate surgery on the first defendant, that the hospital was only managing him for diabetes.
In his response, Mohammed said the prosecution’s submission was an aberration to the defense and submitted further that, “What he said is a very serious allegation against a professional colleague. I urged my Lord to strike out the submission because the prosecution has not filed an affidavit evidence in that respect.
“Let him come with proper application to show that the court was taken for a ride”, the defense counsel said and beckoned on Kyari to stand up and show the court where the surgery was done on his stomach, which he did and the Judge and parties in the matter saw where his stomach was bandaged after the surgery.
Meanwhile, Justice Nwite said, “With the mood we are now, I am shocked, we cannot do anything meaningful now. If there are issues, the prosecution should come formally for both parties to be heard”.
Consequently, the court adjourned the matter till July 7, 2025 for defense.
Justice Nwite had, in separate rulings on the no-case submission applications of the defendants, held that a prima face case had been made out against them in the charge.
Kyari, the 1st defendant and a former head of the Intelligence Response Team (IRT) of the Police, was arrested on February 14, 2022, after the NDLEA declared him wanted over alleged links to an international drug cartel.
The suspended DCP and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are being prosecuted on charges bordering on conspiracy to deal in 17.55kg of cocaine.
They are also accused of dealing in cocaine without lawful authority, conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
On March 7, 2022, Kyari and others were arraigned alongside Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu by the officers.
Upon arraignment, Kyari and four other defendants pleaded not guilty and Umeibe and Ezenwanne, the 6th and 7th defendants, pleaded guilty and were convicted accordingly.
After the NDLEA closed its case, each of the defendants opted for a no-case submission, arguing that no evidence had been adduced by the prosecution on which the court could convict them.
Delivering a ruling on the no case submission, Justice Nwite held that with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward their defence.