Court orders NDLEA boss appearance in Kyari alleged cocaine trial

The Chairman of the National Drug Law Enforcement Agency (NDLEA), was Monday ordered to produce in court the list of the personnel who were on duty on January 19, 2022 at the Akanu Ibiam International Airport.

Justice Emeka Nwite of the Federal High Court sitting in Abuja issued the directive, following a request by the former head of the defunct Police Intelligence Response Team (IRT), Deputy Commissioner of Police, Abba Kyari and Inspector Simon Agirgba.

Kyari, alongside four other suspended IRT officers, including the two now convicted drug traffickers, were initially being prosecuted by the NDLEA on an eight-count charge bordering on their alleged dealing in hard drugs.

According to the NDLEA, Kyari and the IRT officers; ACP Sunday J. Ubua; ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, who are the 2nd to 5th defendants respectively tampered with the exhibit (cocaine) the recovered from some arrested drug traffickers at the Ibiam airport.

Although the two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, listed as 6th and 7th defendants, pleaded guilty to the counts, Kyari and his men pleaded not guilty to the counts against them.

At the resumed trial in Abuja, the agency’s lawyer, Joseph Sunday, informed the court that the matter was scheduled for continuation of hearing, expressing readiness for the day’s proceedings.

In his response, counsel to Kyari and Agirgba, Julius Mba, told the court that the case was slated for continuation of the evidence of the 2nd defence witness (DW-2), John Nwonke, who is a subpoenaed witness, however, said unfortunately, there was a letter filed on behalf of the same witness, informing that he was ill.

He said the letter, dated October 2, was addressed to the deputy chief registrar of the court and that the lead defence counsel, Onyechi Ikpeazu, SAN, was also copied.

He further informed the court that Nwonke was ill and that they hope he gets well to continue and conclude his evidence.

“On that note, we may not be able to put in a witness today because this is a criminal trial and a very serious one at that matter,” he said.

Mba stated further that they had the instruction of Ikpeazu, who was representing Kyari and Agirgba, but unavoidably absent, to also file a “subpoena duces tecum” to be served on the NDLEA boss.

He said the subpoena duces tecum was filed on September 30 and graciously signed by Justice Nwite on October 2.

“But we only received it this morning, my lord,” he said.

According to him, the subpoena duces tecum is requiring the NDLEA, through the DG, to produce before the court for inspection and use of the court, the certified true copy of all the list of personnel of the agency who were on duty on January 19, 2022, at Akanu Ibiam International Airport, Enugu State for proper consideration and for the defence of 1st and 4th defendants sir.

A subpoena duces tecum is a legal court order that commands a person or business to bring specific physical or digital evidence to a legal proceeding.

While responding, the NDLEA lawyer said he was just seeing Nwonke’s letter.

The lawyer in his arguments said his objection was informed on the fact that the application was in bad taste and a calculated attempt to subvert the administration of criminal practice.

On the issue of subpoena, the NDLEA lawyer said none of the prosecution team had been served with the letter.

“We don’t conduct trial by ambush. We are not aware of any subpoena my lord,” he said.

The lawyer, then urged the court to order the defence to proceed on their next witness. He also prayed the court to foreclose Nwonke’s evidence “and treat him as having given a testimony that was not subjected to cross-examination.”

Justice Nwite in a short ruling held that Nwonke (DW-2)’s letter was not convincing enough for the court to grant the request for an adjournment and adjourned until October 7 for the continuation of the witness’ testimony and cross-examination.

“Failure of the witness to appear on the said date means that his testimony will be foreclosed,” he ruled.