Court Turns Down Request To Foreclose Witness’ Evidence In Abba Kyari’s Case

The Federal High turned down a request by the National Drug Law Enforcement Agency (NDLEA)  to foreclose the evidence of the second defense witness  sitting in Abuja, has turned down a request by the National Drug Law Enforcement Agency (NDLEA)  to foreclose the evidence of the second defense witness (DW2), Inspector John Nwoke, in the trial of former head of the Intelligence Response Team (IRT), DCP Abba Kyari, over an alleged cocaine deal.

Kyari, alongside four other suspended IRT officers, including the two now convicted drug traffickers, were initially being prosecuted by the NDLEA on eight-count charges.

The drug law agency had accused Kyari and the officers of tampering with the cocaine the IRT officers recovered from the arrested drug traffickers at the airport.

The four officers are ACP Sunday J. Ubua; ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, named as 2nd to 5th defendants respectively.

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 brought against them.

The matter was slated for Monday for the cross-examination of DW2, but the witness was absent from the court on the ground of ailment.

When the matter was called, NDLEA’s counsel, Joseph Sunday, informed the court that the matter was scheduled for continuation of hearing and that, the prosecution was ready to proceed, subject to the convenience of the court.

Responding, Julius Mba, counsel to Abba Kyari and Insp. Simon Agirgba (1st and 3rd defendants), said he confirmed that the case was slated for continuation of the evidence of DW2 who is a subpoened witness.

He, however, said, unfortunately, there was a letter filed on behalf of the same witness, informing that he was ill adding that, 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.

“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,” he said and that, they had the instruction of Ikpeazu, who was representing Kyari and Agirgba, but was unavoidably absent, to equally 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, 2026. “But we only received this, this morning my lord,” he said.

According to him, the subpoena duces tecum is requiring the NDLEA, through the chairman and chief executive, to produce before this court for inspection and use of this honourable court, the Certified True Copy of all the list of personnel of the agency who were on duty on 19th day of January, 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.

Responding, the NDLEA lawyer said he was just seeing Nwoke’s letter saying that, “We have been here since morning and there is no courtesy at all to show us the letter and tell us the position of the witness.

“In any case, we will be opposing the application for adjournment,” Sunday said, arguing that, his objection was predicated on the fact that the application was in bad taste which was calculated to subvert the administration of criminal practice.

He said contrary to Mba’s submission, on the last adjourned date, a lawyer (A.A. Akas) who appeared for Kyari notified the court that the DW2 (Nwoke) was on official duty outside the country.