Drug trafficking’: Court strikes out evidence of DCP Abba Kyari’s witness over repeated absence

‘Drug trafficking’: Court strikes out evidence of DCP Abba Kyari’s witness over repeated absence

A federal high court in Abuja has struck out the evidence of John Nwonke, the second defence witness in the trial of Abba Kyari, the suspended former head of the police intelligence response team (IRT), and four other officers over alleged drug trafficking.

Emeka Nwite, the presiding judge, dismissed Nwonke’s evidence on Wednesday after the witness failed to appear in court despite an earlier warning that his testimony would be struck out if he was absent.

The ruling followed an oral application by Joseph Sunday, counsel for the National Drug Law Enforcement Agency (NDLEA), who said the witness had repeatedly failed to appear for the continuation of his testimony.

Nwite held that Nwonke had been given sufficient time and opportunity to present his evidence and face cross-examination by the prosecution but failed to use the opportunity.

The judge consequently struck out the witness’s evidence from the record.

Julius Mba, counsel for Kyari and Simon Agirgba, told the court that Nwonke was a subpoenaed witness and might not have been aware of the hearing date.

The witness had previously sent a letter to the court citing ill-health as the reason for his absence.

However, Sunday had argued that the letter did not state the nature of Nwonke’s illness or identify the hospital where he was receiving treatment.

On Monday, the judge had warned that the witness’s evidence would be foreclosed if he failed to appear in court on Wednesday.

Nwonke was absent when the case was called, prompting Sunday to remind the court of the earlier directive.

Kyari and the other police officers are being prosecuted by the NDLEA together with Chibunna Umeibe and Emeka Ezenwanne over an alleged cocaine deal.

In 2022, Umeibe and Ezenwanne pleaded guilty to the charges and were convicted, while Kyari, Sunday Ubua, Bawa James, Agirgba and John Nuhu pleaded not guilty.

The NDLEA alleges that Kyari and the other officers tampered with cocaine recovered from Umeibe and Ezenwanne at the airport.

Meanwhile, the defence asked the court to compel the NDLEA to produce a list of its officers who were on duty at the Akanu Ibiam International Airport, Enugu, on January 19, 2022, when the alleged offence occurred.

Mba said the list would help the defence determine its next course of action.

Sunday challenged the subpoena, arguing that it was addressed to the “director-general” of the NDLEA, an office he said does not exist within the agency.

“What the agency has is the office of chairman/chief executive officer and the agency’s secretary and not a director-general,” he said.

The NDLEA lawyer, however, said an agency officer would produce the list of personnel who were on duty at the airport on Thursday.

The court adjourned the case until Thursday for continuation of trial.