The Federal High Court in Abuja on Wednesday foreclosed the evidence of the 2nd defence witness (DW-2), Insp. John Nwonke, in the trial of former head of the Intelligence Response Team (IRT), suspended DCP Abba Kyari, over alleged cocaine deal.
Justice Emeka Nwite, in a ruling, gave the order after counsel for the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, made the oral application following Nwonke’s persistent absence in court.
Justice Nwite had, on Monday, threatened to foreclose the evidence so far given by the DW-2 if he failed to appear in court today.
The warning followed the prosecuting lawyer’s argument that Nwonke’s excuse on the last adjourned date was untenable.
The judge also ordered lawyers to the 1st to 5th defendants to submit to the court the names of the witnesses they intend to call in the matter.
Sunday argued that the purported letter the witness sent to court, citing ill-health, did not disclose the witness’ nature of sickness or the hospital where he was receiving treatment, and urged the court not to place any probative value on the said letter.
The lawyer, therefore, applied that the evidence of the DW-2 be foreclosed.
It would be recalled that Kyari, alongside four other suspended IRT officers, including the two now convicted drug traffickers, are being prosecuted by NDLEA on eight-count charge on behalf of the Federal Government.
The agency had accused Kyari and the officers of tampering with the cocaine the IRT officers recovered from the arrested drug traffickers at the airport.
The four officers are ACP Sunday J. Ubua; ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, named as 2nd to 5th defendants respectively.
Although the two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, listed as 6th and 7th defendants, pleaded guilty to the counts, Kyari and his men pleaded not guilty to the counts preferred against them.
The trial judge had, on Monday, held that the court will foreclose the testimony of the second defence witness if he failed to appear in court on W
When the case was called on Wednesday, Nwonke was not in court.
Sunday then reminded the court of the earlier order that the witness should be in court today to continue his testimony.
Julius Mba, who appeared for Kyari and Insp. Simon Agirgba, explained that Nwonke was a subpoenaed witness who might not have known the hearing date.
Delivering the ruling, Justice Nwite held that the witness had been given adequate time and facility to present his evidence and to be cross-examined by the prosecution but failed to utilise the opportunity.
The judge therefore foreclosed Nwonke’s evidence and struck it out from the court record.
Mba then informed the court of a letter of subpoena duces tecum served on the NDLEA to produce the list of its officers at the Akanu Ibiam International Airport, Enugu, on Jan. 19, 2022, when the alleged crime for which Kyari and his co-defendants are being prosecuted was committed.
He said producing the list of NDLEA officers on duty at the airport on that date would help the defence decide what to do next in the matter.
Responding, Sunday faulted the subpoena on the ground that it was addressed to the Director-General of the NDLEA, an office, he said, that does not exist in the agency.
“What the agency has is the office of Chairman/Chief Executive Officer and Agency’s Secretary and not a Director-General,” he said.
Sunday, however, promised that an NDLEA officer would, on Thursday, produce the list of personnel on duty at the airport on the date the alleged crime was committed.
The judge, consequently, adjourned the matter until Oct. 8 for continuation of trial.
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