The Federal High Court sitting in Abuja on Monday screened a video evidence tendered by the Nigeria Police through a Police officer, Inspector El-John Nwoke, attached to the Force Headquarters, revealing how operatives of the National Drug Law Enforcement Agency (NDLEA) allegedly helped drug traffickers at airports.
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The video evidence was in support of an affidavit in the case filed against DCP Abba Kyari, former head of the Intelligence Response Team (IRT) and Sunday J. Ubua, an Assistant Commissioner of Police; Bawa James, an Assistant Superintendent of Police; Simon Agirgba, an Inspector; and John Nuhu, also an Inspector—all officers of the Police IRT.
Before the last hearing of the case, Inspector El-John Nwoke, the second defence witness (DW2), was led in evidence by Kyari’s counsel, Dr. Onyechi Ikpeazu, SAN, and narrated how NDLEA operatives allegedly shielded two drug traffickers—Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne—at the Enugu Airport on January 19, 2022 before the police arrested them.
The two now-convicted traffickers were arrested by the IRT with a 21.55 kg consignment of cocaine at the Enugu Airport.
The incident took a dramatic twist when police declared Kyari, then head of IRT and others wanted and subsequently charged them to court.
Nwoke said the two drug traffickers told him that they arrived in Nigeria from Ethiopia with the substance suspected to be cocaine.
“They told me the substance was given to them and that it was not their first or second time of carrying it,” the witness said.
The DW2 said the convicts told him that they had been in the business for a long time but that they were surprised how the police arrested them.
He said they told him that any time they brought in the substance through the airport, the NDLEA officers on duty would have been aware of their coming.
I asked them how the officers know they are the ones coming with this substance. They said when they are coming with this ‘market’ from Ethiopia to Nigeria, the people who give them the job will take their pictures and send it to the NDLEA officers on duty at the airport.
“So, when they arrive at the airport, the NDLEA officers have their pictures and the type of clothes they are putting on,’’ the witness told the court and added that the convicts told him that as soon as the NDLEA officers saw them, they (the convicts) would put up a smiling face as a code to the officers on duty.
“Then the NDLEA officers will unzip the bag as if they are conducting a check on it and zip it back, meaning the bag has been checked and cleared,” he said.
The witness said that Umeibe and Ezenwanne told him they had been operating this way before their arrest, which occurred shortly after the NDLEA officers cleared them on that fateful day.
According to him, the convicts said those who sent them the message did not tell them the quantity of the substance they trafficked and that the substance is usually called “market.”
“When I asked them who they usually deliver the “market” to, they told me the recipients know how to receive the message but they often go to them on a night bus, provided they arrive successfully.
“What I am saying is also detailed in the video where they made confessional statements. There are so many questions in that video, though I can’t remember all,” he told the court.
Ikpeazu then asked the witness if he had a downloaded version of the video recording and he responded in the affirmative and also admitted that he was served with a subpoena directing him to come and testify in court.
After the witness told the lawyer that a copy of the subpoena, the DVD and a certificate of compliance were with him in court, Ikpeazu sought to tender them in evidence
When the matter came up in February, the court ordered that the video evidence indicting the NDLEA would be played in the open court.
On Monday, the trial judge, Justice Emeka Nwite ordered the video to be played while the witness DW2 sat on the witness box.
The court heard how NDLEA helped the two drug traffickers through the Enugu airport before the police trailed and subsequently arrested them.
Ezenwanne, who said in the 27-minute, two-second-long video recorded by the police on 20th January 2022, “I am aware it was cocaine” and “this is the second time I am carrying cocaine,” he said when asked if he knew what he carried and how many times.
He revealed that he first carried cocaine in 2021. “I stayed at the airport,” and “N500,000 was received for the 2021 cocaine smuggling”.
According to the witness, “At the airport, NDLEA will clear us then we will enter the night bus and call the person who we will hand over the drugs to. We don’t know who usually collects the drugs from them,” he responded when asked.
Umeibe, on his part, said, “When you come to an airport, they will snap your picture and send it to the person that sent us.
“The person will now send it to NDLEA. He will send it to them.
“When we get to their checking point, they will know that we are the ones. They will open the bag, do a normal search and say we should go.
“They don’t search us properly. They won’t say anything if they see anything because they are aware that we are coming,” he said in the video played in court.
After the video was played, the court adjourned further trial till May 20, 2026
Kyari, the former head of Police IRT, alongside four other suspended IRT officers, including the two convicted drug traffickers, were initially being prosecuted by the NDLEA on eight-count charge.
The agency had accused them of conspiracy, illegal dealing in cocaine, importation of cocaine and obstruction.
The four officers are ACP Sunday J. Ubua; ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, named as 2nd to 5th defendants.
Umeibe and Ezenwanne who were listed as 6th and 7th defendants, were non-police officers, later pleaded guilty to counts 5, 6 and 7 preferred against them on June 14, 2022, and were convicted and sentenced to a two-year jail term.
However, the affected police officers, after their arraignment on March 7, 2022, pleaded not guilty to the charges.
After the NDLEA concluded its case, Kyari and his co-defendants opened their defence.
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