A Federal High Court in Abuja has directed the Chairman of the National Drug Law Enforcement Agency (NDLEA) to produce a list of personnel who were on duty at the Akanu Ibiam International Airport on January 19, 2022. This directive was issued by Justice Emeka Nwite during the trial of former Police Intelligence Response Team (IRT) head, Deputy Commissioner of Police Abba Kyari, and four other suspended IRT officers. They are being prosecuted on eight counts related to alleged dealing in hard drugs.
The trial, which resumed on Monday, involves Kyari and four other officers: ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba, and Insp. John Nuhu. Two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, are also defendants in the case. The NDLEA alleges that Kyari and the officers tampered with cocaine recovered from the drug traffickers at the Enugu airport. The prosecution, led by NDLEA's lawyer Joseph Sunday, expressed readiness to proceed with the trial.
However, counsel to Kyari and Agirgba, Julius Mba, informed the court that the case was slated for continuation of the evidence of the 2nd defence witness (DW-2), John Nwonke. Unfortunately, Nwonke was reportedly ill and unable to testify. Mba presented a letter, dated October 2, addressed to the deputy chief registrar of the court, explaining Nwonke's absence. The defence team prayed for Nwonke's recovery to continue and conclude his evidence.
Mba also informed the court that they had filed a "subpoena duces tecum" to be served on the NDLEA boss, requiring the production of a certified true copy of the list of personnel on duty at the Akanu Ibiam International Airport on January 19, 2022. The subpoena was filed on September 30 and signed by Justice Nwite on October 2. The defence team received the subpoena on the morning of the court session.
The subpoena duces tecum is a legal court order that commands the NDLEA to bring specific physical evidence to the legal proceeding. The defence team seeks to use this evidence for the proper consideration and defence of the 1st and 4th defendants. The NDLEA lawyer, Joseph Sunday, responded by stating that he was just seeing Nwonke's letter and was not prepared to proceed.
Justice Nwite directed the NDLEA chairman to produce the list of personnel who were on duty on January 19, 2022, at the Akanu Ibiam International Airport. The court aims to ensure a fair trial and allow the defence team to present their case. The trial will continue once the required evidence is produced and the defence witness is able to testify.
The case against Abba Kyari and others is related to an alleged cocaine deal. The NDLEA's charges against them include dealing in hard drugs. The trial's progression depends on the production of the required evidence and the testimony of the defence witness.
Key points
- The court has ordered the NDLEA chairman to produce a list of personnel on duty at the Akanu Ibiam International Airport on January 19, 2022.
- The trial of Abba Kyari and others has been adjourned due to the absence of a defence witness who is ill.
- A subpoena duces tecum has been issued to the NDLEA to produce evidence for the defence team's case.
