The Federal High Court in Abuja has ordered the Chairman of the National Drug Law Enforcement Agency (NDLEA) to provide records showing the names of officers who were on duty at the Akanu Ibiam International Airport, Enugu, on January 19, 2022, as part of evidence in the ongoing trial involving suspended police officer Abba Kyari and others.
The order was made during Monday’s proceedings before Justice Emeka Nwite, following an application by the defence team seeking access to official NDLEA records connected to the alleged cocaine interception incident.
Defence seeks NDLEA officers’ duty records
Counsel to Abba Kyari and Insp. Simon Agirgba, Julius Mba, informed the court that the defence had filed a subpoena duces tecum requesting the NDLEA to produce certified copies of the list of agency personnel deployed at the Enugu airport on the day in question.
A subpoena duces tecum is a court order requiring a person or organisation to produce specific documents or evidence relevant to a legal proceeding.
Mba said the requested documents were necessary for the defence of the accused persons.
According to him, the subpoena required the NDLEA leadership to present: the names of officers on duty at Akanu Ibiam International Airport on January 19, 2022, relevant certified records for inspection by the court.
Trial involves alleged cocaine-related offences
Abba Kyari, the former Commander of the Police Intelligence Response Team (IRT), is standing trial alongside other suspended police officers over allegations linked to a cocaine-related investigation.
The NDLEA accused Kyari and the officers of interfering with cocaine evidence recovered from two convicted drug traffickers.
The accused officers include: ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba; and Insp. John Nuhu.
The two convicted drug traffickers involved in the case are: Chibunna Umeibe, Emeka Ezenwanne
They had pleaded guilty to the drug-related charges brought against them, while Kyari and the other police officers pleaded not guilty.
Defence witness absence delays proceedings
The latest proceedings were also affected by the absence of the second defence witness, John Nwonke, who had been subpoenaed to testify.
Defence counsel told the court that Nwonke was unable to appear because of illness.
The defence submitted a letter informing the court of the witness’s condition and requested an adjournment to allow him to recover and continue his testimony.
However, NDLEA counsel Joseph Sunday opposed the request, arguing that the defence had previously been warned by the court to ensure the witness appeared.
He accused the defence of attempting to delay the proceedings and urged the court to close the witness’s evidence.
Judge grants final opportunity
Justice Nwite ruled that the explanation provided by the witness was not sufficiently convincing to justify the requested delay.
However, in the interest of fairness and justice, the court granted another opportunity and adjourned the matter until October 7 for continuation of Nwonke’s testimony and cross-examination.
The judge warned that failure of the witness to appear on the next date would result in his evidence being closed.
The court also directed defence lawyers representing the first to fifth defendants to submit the names of all witnesses they intend to call before the next hearing date.
