The Federal High Court in Abuja has ordered the National Drug Law Enforcement Agency (NDLEA) to produce the list of its personnel on duty at the Akanu Ibiam International Airport, Enugu, on January 19, 2022. This date is crucial as it is when two convicted cocaine traffickers, Chibunna Umeibe and Emeka Ezenwanne, imported 21.35kg of cocaine into Nigeria. The subpoena was issued at the request of Abba Kyari, a suspended deputy commissioner of police, who faces cocaine charges involving the two traffickers.
Abba Kyari, former head of the now-disbanded Police Intelligence Response Team (IRT), is standing trial alongside four IRT members indicted by the NDLEA for dealing in cocaine. The co-defendants are 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. They face charges of illicit dealing in cocaine and tampering with 21.35kg of cocaine seized from the two traffickers.
The NDLEA accused Mr. Kyari of attempting to obstruct the agency and its authorized officers by offering $61,400 to a senior anti-narcotic operative as inducement to prevent the testing of 17.55kg of cocaine. The defendants have denied the charges and started their defense last year, after the prosecution finished calling its witnesses and tendering exhibits to prove the charges. Mr. Kyari's lawyer, Julius Mba, brought the subpoena to the attention of the court on Monday, stating that the judge signed it on October 2.
Mr. Kyari is seeking to strengthen his defense with the list of NDLEA personnel on duty when Messrs Umeibe and Ezenwanne imported the cocaine into Nigeria. He hopes to use the roster to reinforce his plank of defense that NDLEA officers, who cleared Messrs Umeibe and Ezenwanne during airport checks before his IRT members arrested them, were rather the ones complicit in the cocaine trafficking and not him or his teammates. Mr. Kyari's defense team believes that corrupt NDLEA officials framed him up after he demanded a reward for a whistleblower who aided the IRT in the arrest of a suspect.
At Monday's proceedings, Mr. Kyari's lawyer requested an adjournment, citing the ill health of its second witness, El-John Nwonke, a police inspector subpoenaed to testify in the case. The lawyer explained that a letter dated October 2 was earlier sent through the deputy chief registrar to seek an adjournment on the grounds that Mr. Nwonke would not be available for Monday's proceedings due to ill health. However, the NDLEA's prosecution lawyer, Joseph Sunday, opposed both the application for adjournment and the subpoena.
The prosecutor faulted the letter seeking adjournment, stating that it did not disclose the nature of the witness' illness or the hospital where he was receiving treatment. He also expressed surprise at the defense coming up on Monday with a letter seeking adjournment on the grounds of ill health of the witness, given that previous proceedings stalled due to Mr. Nwonke's absence from court. The judge, Emeka Nwite, adjourned the proceedings at the instance of the defense, fixing October 7 for the continuation of Mr. Nwonke's testimony and cross-examination.
The judge ruled that failure of the witness to appear on the said date means that his testimony will be foreclosed. He also directed lawyers representing the first to fifth defendants to submit the names of the witnesses they intend to call before the next hearing. Mr. Kyari has called two witnesses so far, with Mr. Nwonke testifying as a defense witness on how officers of the NDLEA allegedly aided the convicts to beat security checks at Enugu International Airport on January 19, 2022.
Key points
- The court ordered the NDLEA to produce the roster of personnel on duty at Enugu airport on January 19, 2022.
- Abba Kyari faces cocaine charges involving two traffickers who slipped through security checks at Enugu airport.
- The court adjourned proceedings to October 7, with the judge warning that the testimony of a witness may be foreclosed if he fails to appear.
