Federal High Court Abuja: Abba Kyari Cocaine Trial Witness Dismissed, Evidence Struck

• The Federal High Court in Abuja dismissed Abba Kyari's second defense witness, El-John Nwoke, and struck out his evidence.
• The dismissal was due to Mr. Nwoke's repeated absence from two consecutive court hearings, preventing cross-examination.
• Judge Emeka Nwite ruled that the witness had been given sufficient time to testify but failed to appear for questioning.
• This decision is a significant setback for Mr. Kyari's defense in the cocaine trafficking trial brought by the NDLEA.
• The court also addressed a subpoena for the NDLEA to provide an airport duty roster relevant to Kyari's defense, with the trial adjourned to October 8.

This ruling highlights the critical importance for legal practitioners to diligently manage witness attendance and ensure their availability for cross-examination, as repeated absences can lead to the striking out of evidence, significantly impacting a client's defense strategy in Nigerian courts.

A significant development occurred in the ongoing cocaine trafficking trial involving suspended Deputy Commissioner of Police Abba Kyari, as the Federal High Court in Abuja, presided over by Judge Emeka Nwite, dismissed a key defense witness and struck out all previously tendered evidence. The ruling on Wednesday directly impacted Mr. Kyari's second defense witness, El-John Nwoke, a police inspector who had been subpoenaed to testify on behalf of the former head of the Intelligence Response Team (IRT).

The court's decision to dismiss Mr. Nwoke and strike out his evidence stemmed from his repeated failure to appear for cross-examination across two consecutive hearing dates. This action, which saw the El-John Nwoke evidence struck out, represents a notable setback for the defense in the high-profile Abba Kyari cocaine trial. The prosecution, represented by Joseph Sunday of the National Drugs Law Enforcement Agency (NDLEA), had actively pressed for the foreclosure of the witness's testimony due to these persistent absences.

Mr. Kyari, along with four other police officers from his team, faces charges brought by the NDLEA concerning their alleged involvement in the handling of cocaine seized from two convicted traffickers in January 2022. The NDLEA vs Abba Kyari case began with Mr. Kyari's arraignment on February 14, 2022, following allegations linking him to an international drug cartel, with cocaine charges formally laid on March 7.

El-John Nwoke's testimony, which commenced in January, was central to the defense's narrative. He had provided details regarding police investigations into the two cocaine smugglers and their confessions following their initial arrest by Mr. Kyari's unit. The defense's strategy largely posits that Mr. Kyari and his team are being unfairly targeted because they apprehended these traffickers, who were allegedly cleared corruptly by NDLEA officials upon their arrival at the Akanu Ibiam International Airport in Enugu.

Judge Nwite's ruling emphasized that the witness had been afforded ample opportunity to present his evidence and be subjected to cross-examination by the prosecution, an opportunity he failed to utilize. This highlights the critical importance for legal practitioners to diligently manage witness attendance and ensure their availability for cross-examination, as repeated absences can lead to the striking out of evidence, significantly impacting a client's defense strategy in Nigerian courts. The judge consequently declared the witness's testimony closed, leaving the prosecution without the chance to challenge his statements.

Previous proceedings had been hampered by Mr. Nwoke's unavailability. On Monday, the judge reluctantly granted an adjournment requested by the defense due to the witness's purported ill health, despite finding his letter requesting two weeks for recovery unconvincing. Prior to that, a September 29 hearing also stalled when the defense cited Mr. Nwoke's presence outside Nigeria for a course. Julius Mba, counsel for Mr. Kyari, suggested Mr. Nwoke might have been unaware of the rescheduled Wednesday hearing. Following the dismissal, Mr. Mba also reminded the court of a subpoena issued to compel the NDLEA to produce a list of officers on duty at the Akanu Ibiam International Airport on January 19, 2022. While the prosecution's lawyer, Mr. Sunday, raised concerns about the subpoena being addressed to a non-existent 'NDLEA director general,' he assured the court that an agency officer would provide the requested personnel list. The trial has been adjourned until October 8 for continuation, underscoring the ongoing complexities of the Nigeria drug trafficking trial procedure.

This ruling highlights the critical importance for legal practitioners to diligently manage witness attendance and ensure their availability for cross-examination, as repeated absences can lead to the striking out of evidence, significantly impacting a client's defense strategy in Nigerian courts.

Source: Original reporting based on court proceedings.