The Federal High Court in Abuja has rejected a request by the National Drug Law Enforcement Agency (NDLEA) to close the evidence of a defence witness in the ongoing cocaine trial involving suspended Deputy Commissioner of Police Abba Kyari and four other police officers.
Justice Emeka Nwite, in a ruling on Monday, adjourned the case until October 7 to allow the second defence witness, Inspector John Nwoke, to continue his testimony and face cross-examination.
Key Highlights
- Court rejects NDLEA bid to close the evidence of Abba Kyari’s defence witness.
- Justice Emeka Nwite adjourned the case until October 7.
- Defence witness Inspector John Nwoke is expected to continue his testimony and face cross-examination.
- The NDLEA had asked the court to foreclose Nwoke’s evidence after he failed to appear for cross-examination.
- The defence said Nwoke’s absence was due to ill-health.
- The judge warned that Nwoke’s evidence would be closed if he fails to appear at the next sitting.
- The defence also obtained a subpoena seeking NDLEA personnel records relating to duty at Akanu Ibiam International Airport, Enugu, on January 19, 2022.
- Abba Kyari and the other defendants have pleaded not guilty to the charges.
Court Rejects NDLEA Request to Foreclose Defence Witness
The NDLEA bid to close the evidence of Inspector John Nwoke followed his failure to appear in court for cross-examination.
The prosecution argued that the medical letter submitted by the defence did not adequately explain the nature of Nwoke’s illness or provide sufficient justification for another adjournment.
The agency also argued that the continued absence of the witness could frustrate the progress of the criminal proceedings and referred to an earlier directive requiring Nwoke to appear before the court.
Justice Nwite, however, declined to foreclose the witness’s evidence at this stage and granted the defence another opportunity to produce him for further proceedings.
Judge Gives Defence Witness October 7 Deadline
The court adjourned the case until October 7, when Nwoke is expected to continue his testimony and be available for cross-examination by the prosecution.
Justice Nwite also issued a warning that if the witness fails to appear at the next sitting, his evidence could be closed.
The ruling therefore allows the defence to continue presenting its case while placing a clear deadline on the appearance of the witness.
Defence Cites Witness’ Ill-Health
Defence counsel Julius Mba told the court that Nwoke had informed the court about his illness and that the defence was prepared to proceed with the trial once the witness recovered.
Mba maintained that the witness’s absence should not result in the immediate closure of his evidence.
The defence also informed the court that it had obtained a subpoena compelling the NDLEA to produce records relating to its personnel who were on duty at Akanu Ibiam International Airport, Enugu, on January 19, 2022.
Abba Kyari Cocaine Trial Continues
The case is part of the ongoing criminal proceedings involving Abba Kyari and four other police officers over allegations connected to cocaine recovered from two convicted drug traffickers at the Enugu airport.
The prosecution alleges that the defendants tampered with cocaine recovered from the traffickers.
Kyari and the other police officers have pleaded not guilty to the charges and are defending themselves against the allegations in court.
The proceedings are continuing as the defence presents its witnesses and the prosecution cross-examines them.
Read also:
- Drama in court as Abba Kyari presents video alleging NDLEA operatives aid drug traffickers
- Abba Kyari drug case continues March 16 despite Court discharge on asset declaration charges — NDLEA
- Court cleared Abba Kyari of 23-Count Asset declaration charges
Two Drug Traffickers Previously Pleaded Guilty
The case also involves Chibunna Umeibe and Emeka Ezenwanne, the two drug traffickers from whom the cocaine was reportedly recovered.
The two men had earlier pleaded guilty to the charges brought against them.
Their guilty pleas form part of the background to the separate proceedings involving Kyari and the other police officers over the alleged handling and tampering of the cocaine.
Trial Adjourned Until October 7
With the court refusing the NDLEA’s request to foreclose Nwoke’s evidence, attention will now shift to the next hearing scheduled for October 7.
The defence is expected to present Nwoke for further testimony and cross-examination.
However, the judge’s warning means that failure by the witness to appear at the next sitting could result in the closure of his evidence.
For more court and crime updates, follow us on X.
