Nigeria: Court Dismisses Abba Kyari’s Witness, Strikes Out Evidence in Cocaine Trial

The court dismissed Mr Kyari’s 2nd defence witness and set out his formerly offered proof on Wednesday.

The Federal High Court in Abuja on Wednesday tossed out the statement of suspended leading policemans Abba Kyari’s defence witness in his trial on drug trafficking charges brought versus him and 4 other law enforcement officers by the National Drugs Law Enforcement Agency (NDLEA).
Mr Kyari, a suspended deputy commissioner of cops who headed the once-influential Intelligence Response Team (IRT) of the cops, is dealing with trial together with 4 members of his group over their declared handling of the drug they took from 2 founded guilty drug traffickers in January 2022.

Judge Emeka Nwite dismissed Mr Kyari’s 2nd defence witness, El-John Nwoke, and started out his formerly provided proof on Wednesday following his repetitive lack from 2 successive hearings.

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Monday’s procedures had actually stalled after the judge unwillingly approved an adjournment asked for by the defence on the premises of Mr Nwonke’s illness, despite the fact that he stated the witness’ letter asking for 2 weeks for healing from his condition unconvincing.
NDLEA’s prosecution attorney, Joseph Sunday, likewise remembered throughout the Monday’s hearing that the previous procedures of 29 September stalled after the defence required an adjournment on the premises that Mr Nwonke was outdoors Nigeria to go to a course.
Mr Nwonke, a cops inspector subpoenaed to appear to affirm at the circumstances of Mr Kyari, was missing from court once again on Wednesday, a circumstance the prosecution acquired to restore its require the foreclosure of the witness’ proof.

Julius Mba, the legal representative who stood for Mr Kyari and the 4th accused in the trial, Simon Agirgba, stated Mr Nwonke, who began affirming in January, may be uninformed that hearing in the event was rescheduled for Wednesday.
Judgment, Judge Nwite stated the witness had actually been offered sufficient time to provide his proof and be cross-examined by the prosecution however stopped working to make the most of it.
The judge as a result stated the witness’ testament closed and started out his proof, which the prosecution did not have a chance to cross-examine him on.
The advancement comes as a problem for Mr Kyari, whose defence mainly rests on the idea that he and his group are being targeted with prosecution due to the fact that they jailed 2 drug traffickers corruptly cleared by NDLEA authorities on their arrival at the Akanu Ibiam International Airport, Enugu, in January 2022.

Mr Nwonke, the dismissed witness, had actually utilized his time in the witness box because January to clarify cops examinations into the 2 drug smugglers and their confessions in the early days of their arrest by Mr Kyari’s group.
Ask for NDLEA’s airport responsibility lineup

Following the judgment dismissing the 2nd defence, Mr Mba advised the court of the subpoena released to oblige the NDLEA to produce a list of its officers on responsibility at the Akanu Ibiam International Airport, Enugu, on 19 January 2022, when the 2 drug smugglers were enabled to pass before their arrest by the cops.
Mr Mba stated the details would help the defence in choosing how to continue with the case.
The prosecution legal representative, Mr Sunday, faulted the subpoena on the premises that it was dealt with to the NDLEA director general, a position he explained as non-existent at the company.
Mr Sunday informed the court that the firm rather has a chairman/chief executive officer and a secretary.
He however guaranteed the court that an NDLEA officer would bring the asked for list of workers on responsibility at the airport on the defined date on Thursday.
The judge adjourned the case till 8 October (Thursday) for extension of the trial.
Dismissed witness’ significance to Kyari’s defence

The NDLEA arraigned Mr Kyari on 14 February 2022, after stating him desired over declared links to a global drug cartel.
He was arraigned on drug charges on 7 March 2022 along with 4 IRT members, specifically, Sunday J. Ubua, an assistant commissioner of cops; Bawa James, an assistant superintendent of authorities; Simon Agirgba, an inspector, and John Nuhu, likewise an inspector.
The NDLEA charged them with illegal handling and damaging the drug took from the 2 traffickers. The prosecution declared that the accuseds got rid of 17.55 kg out of the 21.35 kg of the compound they took from the founded guilty traffickers and replaced the part they secured with some other compound.
In another count which has Mr Kyari as the sole offender, the NDLEA implicated him of trying to block its authorised officers by providing $61,400 to a senior anti-narcotic operative as temptation to avoid the screening of the 17.55 kg of drug.
The accuseds have actually rejected the charges and began their defence in 2015, after the prosecution called its witnesses and tendered displays to show the charges.
Mr Kyari’s legal group has actually advanced a line of defence that casts him and his IRT members as innocent law enforcement officer targeted after jailing the 2 drug smugglers whom NDLEA officers had actually cleared.
On 28 January, Mr Nwonke, the cops inspector brought as Mr Kyari’s 2nd defence witness, affirmed on how officers of the NDLEA apparently helped Chibunna Umeibe and Emeka Ezenwanne to beat security checks at Enugu International Airport on 19 January 2022, on arrival from Ethiopia with drug.
He stated the now defunct IRT, a Mr Kyari-led elite authorities system interested in major criminal activities including dangerous operations, jailed the drug traffickers quickly after NDLEA officers cleared them at the airport.

The witness stated he was serving with the Force Criminal Investigation Department (FCID) of the Nigerian Police Force, Abuja, when the 2 suspects were detained by the IRT officers and generated for examination.
He stated he belonged to the group that performed the interview session for the suspects on 20 January 2022 when their declarations were taken and the session tape-recorded.
The witness stated the tape-recorded video was moved into a digital video disc (DVD).
Mr Nwonke stated the 2 traffickers, who were at first charged together with Mr Kyari and the 4 policeman however were later on founded guilty and imprisoned 2 years upon their pleading guilty in 2022, admitted that the law enforcement officer apprehended them with the believed drug at the airport after NDLEA officers on responsibility had actually cleared them.
The defence witness stated the founded guilty drug traffickers informed his group how the NDLEA officers at the point of entry utilized indication language to assist them beat security examine arrival, before the authorities ultimately detained them.
On 28 February, the court confessed the video recording brought by Mr Nwonke as Exhibit D-3. The recording records founded guilty Mr Umeibe and Mr Ezenwanne making confessional declarations.
The video was later on played in open court on 16 March, with the 2 males explaining how they presumably bypassed security checks at the airport.
In the 27-minute-long video, Messrs Umeibe and Ezenwanne narrated how officers of the NDLEA apparently helped them to bypass security checks at the Enugu International Airport before their arrest by the IRT.
Previous defence witness

Mr Kyari opened his defence in July in 2015, after the prosecution closed its case and the court dismissed the accuseds’ no-case submission.
Adeshina Fasasi, referred to as a group lead with MTN’s occurrence management system, affirmed as Mr Kyari’s very first defence witness in July.
Subpoenaed at Mr Kyari’s circumstances, Mr Fasasi stated an assessment of Mr Kyari’s call log exposed no contact with any number connected to a presumed drug trafficker called Mike Coke.
He stated his evaluation revealed that his evaluation of the call information record (CDR) revealed that a contact number – 09136976496 – credited to a contact tagged “Coke,” was signed up to one Ruth Ayuba, and not to Mr Kyari.
Mr Fasasi likewise stated MTN never ever taped or kept the material of calls made in between users, even if asked for by police.