The Federal High Court in Abuja has dismissed the testimony of suspended top police officer Abba Kyari's defence witness, El-John Nwoke, in his trial on cocaine trafficking charges. Mr Kyari, a suspended deputy commissioner of police, is facing trial alongside four members of his team over their alleged handling of cocaine seized from two convicted drug traffickers in January 2022. Judge Emeka Nwite dismissed Mr Nwoke's testimony following his repeated absence from two consecutive hearings.
Mr Nwoke, a police inspector subpoenaed to appear to testify at the instance of Mr Kyari, was absent from court again on Wednesday, prompting the prosecution to renew its call for the foreclosure of the witness' evidence. The judge granted an adjournment requested by the defence on the grounds of Mr Nwonke's ill health, but declared the witness' letter requesting two weeks for recovery from his ailment unconvincing. The prosecution lawyer, Joseph Sunday, recalled that the previous proceedings stalled after the defence called for an adjournment on the grounds that Mr Nwonke was outside Nigeria to attend a course.
Mr Nwoke had used his time in the witness box since January to shed light on police investigations into the two cocaine smugglers and their confessions in the early days of their arrest by Mr Kyari's team. The witness said he was serving with the Force Criminal Investigation Department (FCID) of the Nigerian Police Force, Abuja, when the two suspects were arrested by the IRT officers and brought in for investigation. He said he was part of the team that conducted the interview session for the suspects on 20 January 2022 when their statements were taken and the session recorded.
The defence witness said the convicted drug traffickers told his team how the NDLEA officers at the point of entry used sign language to help them beat security checks on arrival, before the police eventually arrested them. On 28 February, the court admitted the video recording brought by Mr Nwoke as Exhibit D-3. The recording captures convicted Mr Umeibe and Mr Ezenwanne making confessional statements. The video was later played in open court on 16 March, with the two men describing how they allegedly bypassed security checks at the airport.
The development comes as a setback for Mr Kyari, whose defence largely rests on the notion that he and his team are being targeted with prosecution because they arrested two cocaine traffickers corruptly cleared by NDLEA officials on their arrival at the Akanu Ibiam International Airport, Enugu, in January 2022. Mr Kyari's legal team has put forward a line of defence that casts him and his IRT members as innocent police officers targeted after arresting the two cocaine smugglers whom NDLEA officers had cleared.
Following the ruling that dismissed the second defence witness, Mr Mba reminded the court of the subpoena issued to compel the NDLEA to produce a list of its officers on duty at the Akanu Ibiam International Airport, Enugu, on January 19, 2022 – the day two cocaine smugglers were allowed to pass before their arrest by the police. The prosecution lawyer, Mr Sunday, faulted the subpoena on the grounds that it was addressed to the NDLEA director general, a position he described as non-existent at the agency.
The NDLEA arrested Mr Kyari on 14 February 2022, after declaring him wanted over alleged links to an international drug cartel. He was arraigned on cocaine charges on 7 March 2022 alongside the two cocaine smugglers and four IRT members: Sunday J. Ubua, an assistant commissioner of police; Bawa James, an assistant superintendent of police; Simon Agirgba, an inspector, and John Nuhu, also an inspector. The judge adjourned the case until 8 October for continuation of the trial.
Key points
- The court dismissed Abba Kyari's witness, El-John Nwoke, and struck out his previously given evidence due to his repeated absence from court hearings.
