During the ongoing trial, NDLEA counsel, Sunday Joseph, presented several witnesses to establish that Kyari and his team tampered with the seized cocaine.

Following the closure of the NDLEA’s case, the defence team filed no-case submissions, arguing that the evidence presented was insufficient to warrant their clients entering a defence.

However, at the resumed hearing, Justice Nwite ruled, “Even assuming, without conceding, that the defendants were charged with an amount of cocaine either less than or greater than 17.55 kilograms, it does not negate the fact that there is prima facie evidence that Kyari tampered with or dealt in cocaine.”

The judge further held that the NDLEA was not required to prove the exact quantity of cocaine alleged in the charges, as the applicable law does not vary punishment based on quantity.

“There is absolutely nothing in the section under which the defendants were charged that provides for different punishments based on the quantity of cocaine,” Justice Nwite emphasised.

He clarified that the offence lies in the possession or tampering with cocaine, regardless of quantity.

“In view of the foregoing, I am of the view, and I so hold, that a prima facie case has been made out against the first defendant (Abba Kyari) in the five-count charge of drug trafficking. I hereby order him to enter his defence on all five counts,” he ruled.

Justice Nwite also rejected the no-case submissions of Kyari’s co-defendants and ordered them to proceed with their defences.

The case has been adjourned to May 21, for the defendants to begin presenting their defences.