A Federal High Court, Abuja, Nigeria has on Thursday 28th of April 2022 dismissed a bail application filed by ASP Bawa James, a co-defendant in the drug trafficking case preferred against suspended DCP Abba Kyari and others by Nigeria’s Anti-narcotic agency.
Justice Emeka Nwite, in a ruling, held that the National Drug Law Enforcement Agency (NDLEA) had succeeded to prove its argument beyond doubt why the court should not admit Bawa James to a bail.
The Judge had, on March 28, fixed today for ruling on bail application filed by James after Kyari and other co-defendants’ bail pleas were rejected on the grounds that James’ application was not ripe for hearing.
The NDLEA had, on March 7, arraigned Kyari (1st defendant) and six others on allegations bordering on trafficking of cocaine.
Other police officers involved includes ACP Sunday Ubia, ASP James, Insp. Simon Agirigba and Insp. John Nuhu as 2nd to 5th defendants respectively.
Also arraigned with them are Chibunna Umeibe and Emeka Ezenwanne, the two alleged drug traffickers who were arrested at the Akanu Ibiam International Airport in Enugu.
Although the five officers pleaded not guilty to all the charges against them, Umeibe and Ezenwanne, who are 6th and 7th defendants respectively, pleaded guilty to five, six and seven counts preferred against them.
In the ruling, the judge aligned with the argument of counsel to NDLEA, Joseph Sunday, that James (3rd defendant) was a flight risk and that he might jump bail.
Nwite said that the 3rd defendant had failed to bring up strong evidence to challenge the anti-narcatic agency’s submission that the character of evidence against him was very serious.
He said though the defence argued that the court had the discretionary power to rule in favour of the applicant since the offence was a bail able one, he was mindful to consider the submission of the prosecution.
The judge therefore refused to grant James bail and adjourned the matter until May 26.
Recalled that the defence counsel had argued that ASP James had a good record as staff of the Nigerian police and had conducted himself well in the course of the trial.
But the NDLEA, in its counter affidavit, said it would be improper and inappropriate for the court to grant him bail considering the nature of the case.
The agency argued that sufficient materials had been placed before the court to refuse the bail plea.
Dominica Nwabufo
