The Federal High Court in Abuja on Wednesday foreclosed the evidence of the 2nd defence witness (DW-2), Insp. John Nwonke, in the trial of former head of the Intelligence Response Team (IRT), suspended DCP Abba Kyari, over alleged cocaine deal.
Justice Emeka Nwite, in a ruling, gave the order after counsel for the National Drug Law Enforcement Agency, NDLEA, Joseph Sunday, made the oral application following Nwonke’s persistent absence in court.
Justice Nwite had, on Monday, threatened to foreclose the evidence so far given by the DW-2 if he failed to appear in court today.
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The warning followed the prosecuting lawyer’s argument that Nwonke’s excuse on the last adjourned date was untenable.
The judge also ordered lawyers to the 1st to 5th defendants to submit to the court the names of the witnesses they intend to call in the matter.
Sunday had argued that the purported letter the witness sent to court, citing ill-health did not disclose the witness’ nature of sickness and the hospital he was receiving treatment, urging the court not to place any probative value on the said letter.
The lawyer, therefore, applied that the evidence of the DW-2 be foreclosed.
It would be recalled that Kyari, alongside four other suspended IRT officers, including the two now convicted drug traffickers are being prosecuted by NDLEA on eight-count charge on behalf of the Federal Government.
The agency had accused Kyari and the officers of tempering 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 preferred against them.
The trial judge had, on Monday held that, the court will foreclose the testimony of the second defense witness if he failed to appear in court on W
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When the case was called on Wednesday, Nwonke was not in court.
Sunday then reminded the court of the earlier order that the witness should be in court today to continue his testimony.
Julius Mba, who appeared for Kyari and Insp. Simon Agirgba, explained that Nwonke was a subpoenaed witness who might not be aware of the hearing date.
Delivering the ruling, Justice Nwite held that the witness had been given adequate time and facility to present his evidence and to be cross-examined by the prosecution but failed to utilise the opportunity.
The judge therefore foreclosed Nwonke’s evidence and struck it out from the court record.
Mba then informed the court of a letter of subpoena duces tecum served on the NDLEA to produce the list of its officers at the Akanu Ibiam International Airport, Enugu on Jan. 19, 2022 when the alleged crime for which Kyari and his co-defendants are being prosecuted was committed.
He said the production of the list of the NDLEA officers on duty on that date at the Airport would help the defence decide what to do next in the matter.
Responding, Sunday faulted the subpoena on the ground that, it was addressed to the Director-General of the NDLEA, an office, he said, does not exist in the agency.
“What the agency has is the office of Chairman/Chief Executive Officer and Agency’s Secretary and not a Director-General,” he said.
Sunday, however, promised that an NDLEA officer would, on Thursday, produce the list of the personnel on duty at the airport on the said date that the alleged crime was committed.
The judge, consequently, adjourned the matter untill Oct. 8 for continuation of trial.
NAN
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