Adeshina Fasasi, a defence witness on Thursday, told the Federal High Court in Abuja that an analysis of suspended DCP Abba Kyari’s call records revealed that he had no contact with any number linked to a suspected cocaine dealer, known as Mike Coke.
Fasasi, who is a staff member of MTN Nigeria Communications Plc, in the ongoing trial of Kyari and other four suspended police officers, told Justice Emeka Nwite while being led in evidence by Onyechi Ikpeazu, SAN.
The witness, who was subpoenaed to testify in the case, said his office handled requests relating to customer disputes and law enforcement investigations.
The witness, a team lead with MTN’s incident Management Unit, confirmed that out of six phone numbers linked to Kyari, only one; 08032866679, was registered in his name.
When asked specifically if any number saved with the name “Coke” was found in Kyari’s call records, Fasasi said: “From the number, I cannot find a number mentioned with the name.”
He clarified that MTN’s call data records (CDR) system cannot capture WhatsApp messages, voice recordings or saved contact names on a mobile device.
According to him, the data only includes voice and SMS metadata, location information, and device types.
The witness further revealed that a number identified in a separate section of the CDR; 09136976496, which was linked to a contact tagged “Coke,” was registered to a name called, Ruth Ayuba, and not to Abba Kyari.
Fasasi also stated that MTN does not record or store the content of calls made between users, even if requested by law enforcement.
The witness, while being cross examined by counsel to the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, admitted he was not a direct employee of MTN Nigeria but works as part of a managed services team recognised by the telecoms company.
He also admitted that he had not read the full content of the report tendered in court and could not speak to its entirety.
Justice Nwite adjourned the matter until Oct. 22 for continuation of defence.
The News Agency of Nigeria (NAN) reports that the judge, in the last adjourned date, dismissed Kyari and his co-defendabts’ no-case submission and directed them to enter their defence.
The NDLEA had, in the charge marked: FHC/ABJ/CR/57/2022, sued Kyari and six others on allegations bordering on cocaine deal.
The defendants are Kyari, ACP Sunday Ubia; ASP James Bawa; Inspectors Simon Agirigba and John Nuhu as 1st to 5th defendants respectively.
Others were Chibunna Patrick Umeibe and Emeka Alfonsus Ezenwanne as 6th and 7th defendants.
They were arraigned on March 7, 2022, by the NDLEA on an eight-count charge bordering on conspiracy, obstruction and drug trafficking.
According to the agency, the charges involve dealings in 17.55 kilogrammes of cocaine and tampering with an additional 21.25kg.
Although all the police officers pleaded not guilty to the charge, Umeibe and Ezenwanne pleaded guilty to the counts preferred against them by the NDLEA and they were accordingly convicted and sentenced to two years imprisonment, which they had since served
