The fate of the detained Deputy Commissioner of Police and former head of the IGP Intelligence Response Team (IRT), Abba Kyari, and four others involved in the 25 kg cocaine scandal will be decided on Monday by the Abuja division of the Federal High Court.
In preparation for charging them in court, the NDLEA has filed a number of applications with the court concerning the incident.
According to reports, the court is expected to rule on some of the decisions, including the one seeking a time extension, which was filed on Thursday by the agency’s lawyers.
The purpose of the motion for accelerated hearing is to expedite the resolution of preliminary issues, which are prerequisites to the official filing of charges against the suspects.
ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu are among those charged alongside Kyari.
They are currently in the custody of the NDLEA, where they are being investigated for alleged drug-dealing involvement.
Aside from the application for a time extension, the agency has also filed an application for a warrant to detain the suspects in its facility for longer than the statutory period of 48 hours.
The 1999 Nigerian constitution states unequivocally that anyone arrested or detained must be brought before a court within a “reasonable time.”
According to the constitution, the reasonable time means a period of 24 hours when a court of competent jurisdiction is within a radius of 40 kilometres to the police station or a period of two days in any other case. The NDLEA had on Monday February 14, declared Kyari wanted for aiding and abetting drug pushing and running his own cartel.
Five hours after the declaration, the Nigerian Police Force handed over the suspended DCP Abba Kyari, and four others to the anti-narcotic agency for interrogation.
The suspects have been in the custody of the agency since Monday, a period exceeding the constitutional time limit for charging an accused person to Court.
The application by the agency for a detention warrant of the suspects is to make their detention beyond the constitutional period legal.
DLEA’s Director of Media and Advocacy, Femi Babafemi confirmed in a report that a team of lawyers from the legal department of agency have filed necessary applications including the proof of evidence containing the statements extracted from Kyari and other suspects in the 25kg cocaine saga.
Babafemi disclosed that NDLEA has equally sought for a warrant that would enable it keep the suspects beyond the statutory period of time pending the conclusion of investigations on the matter.
He explained that a reasonable time is needed to allow the agency to critically examined the exhibits and other evidence that would be used to strengthen it’s case against the suspects.