The defence of suspended Deputy Commissioner of Police, Abba Kyari, has suffered a setback in his ongoing cocaine trial, after the Federal High Court in Abuja struck out the evidence of a defence witness who repeatedly failed to appear in court.
Justice Emeka Nwite on Wednesday foreclosed the testimony of the second defence witness, Inspector John Nwonke, after he again failed to appear for the continuation of his evidence.
The decision followed a warning issued by the court on Monday, when Justice Nwite said Nwonke’s evidence would be foreclosed if he did not return to court on Wednesday.
The warning came after the prosecution, led by counsel to the National Drug Law Enforcement Agency, Joseph Sunday, challenged the witness’s absence and questioned the validity of a letter citing ill-health as the reason for his non-appearance.
When the case resumed on Wednesday, Nwonke was again absent.
Defence counsel Julius Mba argued that Nwonke was a subpoenaed witness who might not have been aware of the hearing date.
The judge, however, held that the witness had been given sufficient opportunity and facilities to present his evidence and face cross-examination, but failed to utilise them.
Justice Nwite consequently ordered that Nwonke’s evidence be foreclosed and struck out of the court record.
The development comes as the defence seeks to advance its case in the trial of Kyari and four other suspended IRT officers over allegations that they tampered with cocaine recovered from two convicted drug traffickers at the Akanu Ibiam International Airport, Enugu.
Kyari and the four officers ; ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu have pleaded not guilty to the charges.
The two drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were listed as the sixth and seventh defendants, had pleaded guilty and were convicted.
Meanwhile, the defence has sought access to the list of NDLEA officers who were on duty at the Enugu airport on January 19, 2022, the date linked to the alleged offence.
Mba told the court that the information would help the defence determine its next line of action.
The prosecution initially challenged the subpoena, noting that it was addressed to the Director-General of NDLEA, an office that does not exist in the agency.
However, the NDLEA agreed to produce the requested list of personnel.
Justice Nwite adjourned the case until October 8 for continuation of trial.