Ayomide Awe
The Federal High Court in Abuja on Wednesday foreclosed the evidence of the second defence witness, Insp. John Nwonke, in the ongoing trial of suspended Deputy Commissioner of Police, Abba Kyari, and four other former Intelligence Response Team officers over an alleged cocaine deal.
Justice Emeka Nwite ordered that Nwonke’s evidence be foreclosed and struck out from the court record after the witness again failed to appear in court to continue his testimony.
The ruling followed an oral application by counsel for the National Drug Law Enforcement Agency, Joseph Sunday, who reminded the court of its earlier warning that the witness’ evidence would be foreclosed if he failed to appear on Wednesday.
Nwonke’s absence came despite the court’s directive on Monday that he should be present to continue his evidence.
The prosecution had earlier challenged the explanation offered for the witness’ absence, arguing that a letter reportedly sent to the court citing ill-health did not disclose the nature of the illness or the hospital where he was receiving treatment.
Consequently, Sunday urged the court not to attach any probative value to the letter and to bring the witness’ testimony to an end.
Defence counsel, Julius Mba, who represented Kyari and Insp. Simon Agirgba, told the court that Nwonke was a subpoenaed witness and might not have been aware of the date fixed for the continuation of his testimony.
But Justice Nwite held that the witness had been given sufficient time and opportunity to present his evidence and subject himself to cross-examination by the prosecution.
The judge consequently foreclosed the evidence and ordered that it be struck out from the record.
The development represents a setback for the defence as it continues to present its case in the high-profile trial involving Kyari and other former IRT officers.
Kyari, alongside ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, is being prosecuted by the NDLEA on eight counts bordering on alleged cocaine-related offences.
The NDLEA accused the police officers of tampering with cocaine recovered by members of the IRT from two arrested drug traffickers at the Akanu Ibiam International Airport, Enugu.
The two suspected drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were listed as the sixth and seventh defendants, pleaded guilty to the charges and were subsequently convicted.
Kyari and the other police officers, however, pleaded not guilty and have continued to contest the allegations.
Following the court’s ruling on Nwonke’s testimony, Mba informed the court that the defence had served the NDLEA with a subpoena duces tecum requiring the agency to produce the list of its officers deployed to the Akanu Ibiam International Airport, Enugu, on January 19, 2022.
According to him, the list of officers on duty on the day the alleged offence occurred would assist the defence in determining its next line of action.
The prosecution, however, raised an objection to the manner in which the subpoena was addressed.
Sunday argued that the subpoena was addressed to the Director-General of the NDLEA, an office which, according to him, does not exist within the agency.
He explained that the agency has a Chairman/Chief Executive Officer and an Agency Secretary rather than a Director-General.
