Defence seeks records of personnel on duty when cocaine was recovered in 2022
Toyyibat Qasim
The Federal High Court sitting in Abuja has ordered the Chairman of the National Drug Law Enforcement Agency, Brig. Gen. Buba Marwa (retd.), to produce the list of NDLEA personnel who were on duty at the Akanu Ibiam International Airport, Enugu State, on January 19, 2022.
The order came on Monday during the trial of suspended police officer and former Intelligence Response Team commander, Abba Kyari, and other members of his team over alleged tampering with cocaine recovered from two convicted drug traffickers.
Justice Emeka Nwite made the order after counsel to Kyari and Inspector Simon Agirgba, Julius Mba, informed the court that the defence had secured a subpoena duces tecum requiring the NDLEA chairman to produce the relevant records.
The subpoena, according to Mba, seeks certified true copies of the list of NDLEA personnel who were on duty at the Enugu airport on the day the cocaine was allegedly recovered.
The records, he said, were required for the proper consideration of the case and the defence of the affected defendants.
The development occurred as the court also considered an application arising from the absence of the defence’s second witness, John Nwonke, who was expected to continue his testimony.
Nwonke, who was subpoenaed to testify, was absent from court after his lawyers presented a letter dated October 2 informing the court that he was ill.
Mba told Justice Nwite that the defence could not proceed with another witness because the matter was a criminal trial and the absent witness was expected to continue and conclude his evidence.
He also said the defence had obtained the court’s approval for the subpoena requiring the NDLEA chairman to produce the Enugu airport duty records.
However, the NDLEA counsel, Joseph Sunday, strongly opposed the request for an adjournment and urged the court to foreclose Nwonke’s evidence.
Sunday argued that the defence had failed to comply with an earlier order directing Nwonke to appear in court on Monday, warning that failure to do so could lead to the closure of the defence’s case in respect of the witness.
The prosecution lawyer also questioned the medical letter presented to the court, arguing that it did not disclose the nature of Nwonke’s illness or the hospital where he was receiving treatment.
He further alleged that the development was an attempt to frustrate the speedy determination of the criminal proceedings.
“We don’t conduct trial by ambush. We are not aware of any subpoena,” Sunday told the court, according to proceedings.
He urged the judge to order the defence to proceed with another witness and treat Nwonke’s evidence as having been given without being subjected to cross-examination.
Mba, however, rejected the prosecution’s allegations, taking exception to the suggestion that he had circumvented the court’s order.
He maintained that the defence’s application was aimed at ensuring a fair and comprehensive determination of the case.
According to him, information available to the defence at the previous adjourned date was that Nwonke was away on official assignment. He said that upon his return, the witness informed the court that he had become indisposed.
Mba also explained that although the defence had applied for the subpoena earlier, the order was only received by the defence on Monday after it was signed by the judge on October 2.
In his ruling, Justice Nwite held that the letter presented in respect of Nwonke’s illness was not sufficiently convincing to justify the requested adjournment.
The judge, however, granted an adjournment in the interest of justice and fixed October 7 for continuation of Nwonke’s testimony and his cross-examination.
Justice Nwite warned that failure of the witness to appear on the next date would result in the foreclosure of his evidence.
The court also directed counsel representing the first to fifth defendants to submit, before the next hearing date, the names of the witnesses they intend to call.
Kyari and four other suspended members of the former IRT—ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu—are being prosecuted by the NDLEA in connection with the alleged tampering with cocaine recovered from two arrested drug traffickers.
The two drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were listed as the sixth and seventh defendants, respectively, had pleaded guilty to the charges.
Kyari and the other police officers pleaded not guilty and have continued to defend themselves against the allegations.
'
'Do you want to share a story with us? Do you want to advertise with us? Do you need publicity for a product, service, or event? Contact us on WhatsApp +2348183319097 Email: platformtimes@gmail.com
We are committed to impactful investigative journalism for human interest and social justice. Your donation will help us tell more stories. Kindly donate any amount HERE
