Federal High Court: Dismisses Kyari's Witness, Strikes Evidence in Cocaine Trial

The Federal High Court in Abuja, Nigeria, on Wednesday dismissed the second defence witness for suspended top police officer Abba Kyari and struck out his previously given evidence in his cocaine trafficking trial. This decisive action by Judge Emeka Nwite followed the repeated absence of the witness, El-John Nwoke, from two consecutive hearings, despite a previous adjournment granted on grounds of his alleged ill health, which the judge had deemed unconvincing.

This ruling carries substantial legal significance for criminal defence practice in Nigeria, particularly in high-profile cases involving public officials. The dismissal of a key defence witness and the striking out of his testimony due to repeated absence highlights the judiciary's commitment to ensuring the efficient and timely progression of trials. It signals a firm stance against perceived dilatory tactics or a lack of diligence in presenting evidence, which can significantly impact the defence's ability to mount a robust case. For legal professionals, this underscores the critical importance of witness management, adherence to court schedules, and the potential for severe consequences when procedural requirements are not met, especially when a witness's absence is deemed unconvincing by the court.

The Federal High Court, a superior court of record in Nigeria, exercises jurisdiction over matters including drug trafficking offences as prosecuted by agencies like the National Drug Law Enforcement Agency (NDLEA). The court's decision is rooted in its inherent powers to control its proceedings and ensure the fair and expeditious administration of justice, as enshrined in the Constitution of the Federal Republic of Nigeria and guided by the Federal High Court (Civil Procedure) Rules and the Administration of Criminal Justice Act (ACJA). The ACJA, in particular, emphasizes timely trial completion and discourages unnecessary adjournments. The court's assessment of the witness's reasons for absence, including the "unconvincing" nature of the medical letter and previous absence for a course, demonstrates its application of these procedural principles.

The key parties involved are the Federal High Court in Abuja, presided over by Judge Emeka Nwite; Mr. Abba Kyari, a suspended Deputy Commissioner of Police and head of the Intelligence Response Team (IRT), who is the primary defendant; four other police officers also facing trial; the National Drug Law Enforcement Agency (NDLEA), represented by prosecution lawyer Joseph Sunday; and the dismissed defence witness, Police Inspector El-John Nwoke. Mr. Kyari's legal representation includes Julius Mba, who also represents the fourth defendant, Simon Agirgba. The charges relate to alleged cocaine trafficking and the handling of seized cocaine in January 2022.

Practitioners defending clients in criminal matters, especially those involving complex evidence and multiple witnesses, must prioritize meticulous witness management and strict adherence to court directives. The court's decision serves as a stark reminder that excuses for witness absence, even those supported by medical claims, will be critically scrutinised, and repeated non-appearance can lead to the forfeiture of crucial defence evidence. Attorneys should proactively communicate with witnesses, ensure their availability, and be prepared to present compelling justifications for any unavoidable absences, understanding that the court's primary objective is to conclude trials efficiently. The outcome of this specific matter, beyond the dismissal of the witness and striking of evidence, is not reported in the excerpt.