The Federal High Court in Abuja has struck out the evidence of John Nwonke, the second defence witness in the trial of suspended former head of the Police Intelligence Response Team (IRT), Abba Kyari, and four other police officers over alleged drug trafficking.
Justice Emeka Nwite ordered the evidence struck out on Wednesday after Nwonke failed to appear in court for the continuation of his testimony despite an earlier warning that his evidence would be foreclosed if he was absent.
The ruling followed an oral application by counsel to the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, who told the court that the witness had repeatedly failed to appear for cross-examination.
Nwite held that Nwonke had been given sufficient time and opportunity to present his evidence and subject himself to cross-examination by the prosecution but failed to utilise the opportunity.
The judge subsequently struck out the witness’s evidence from the record.
Counsel to Kyari and Simon Agirgba, Julius Mba, told the court that Nwonke was a subpoenaed witness and might not have been aware of the date fixed for the proceedings.
Nwonke had earlier written to the court, citing ill-health as the reason for his absence.
However, Sunday had questioned the explanation, arguing that the letter neither disclosed the nature of the illness nor identified the hospital where the witness was receiving treatment.
On Monday, the court had warned that Nwonke’s evidence would be foreclosed if he failed to appear on Wednesday.
When the matter was called on Wednesday, the witness was again absent, prompting the NDLEA counsel to remind the court of its earlier order.
Kyari and the other police officers are being prosecuted alongside Chibunna Umeibe and Emeka Ezenwanne over an alleged cocaine deal.
Umeibe and Ezenwanne pleaded guilty to the charges in 2022 and were convicted, while Kyari, Sunday Ubua, Bawa James, Agirgba and John Nuhu pleaded not guilty.
The NDLEA alleges that Kyari and the other officers tampered with cocaine recovered from Umeibe and Ezenwanne at the Akanu Ibiam International Airport, Enugu.
Meanwhile, the defence has asked the court to compel the NDLEA to produce the list of its officers who were on duty at the airport on January 19, 2022, when the alleged offence occurred.
Mba said the document would assist the defence in determining its next line of action.
Opposing the request, Sunday challenged the subpoena issued to the agency, arguing that it was addressed to the “director-general” of the NDLEA, an office he said did not exist.
According to him, the agency has a chairman/chief executive officer and a secretary, rather than a director-general.
The NDLEA counsel, however, assured the court that an officer of the agency would produce the requested list of personnel who were on duty at the airport.
Justice Nwite adjourned the case until Thursday for continuation of trial.
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