Court strikes out defence witness’s evidence in Abba Kyari cocaine trial

The Federal High Court in Abuja has struck out the evidence of Abba Kyari’s second defence witness after the witness repeatedly failed to attend hearings in the suspended police officer’s cocaine trafficking trial.

Justice Emeka Nwite closed the witness’s testimony on Wednesday, saying he had been given enough time to present his evidence and face cross-examination but had not done so, according to Premium Times.

The witness, a police inspector subpoenaed by the defence, had begun testifying in January. The prosecution had not had an opportunity to cross-examine him on the evidence that the judge struck out.

Monday’s hearing had been adjourned after the defence cited the witness’s ill health. Premium Times reported that the judge had considered a letter seeking two weeks for recovery unconvincing but still granted the adjournment. Prosecutor Joseph Sunday also recalled that the September 29 proceedings had stalled because the defence said the witness was abroad attending a course.

When he was absent again on Wednesday, defence lawyer Julius Mba said the witness might not have known that the hearing had been rescheduled. The prosecution renewed its request to close his evidence.

Kyari, a suspended deputy commissioner of police and former head of the Intelligence Response Team, is standing trial with four members of his team over their alleged handling of cocaine seized from two traffickers in January 2022. The defendants deny the charges.

The National Drug Law Enforcement Agency alleges that the officers removed 17.55kg from the 21.35kg seized and substituted another substance. In a separate count against Kyari, it alleges that he offered $61,400 to an operative to prevent testing of the cocaine. Those allegations remain part of the prosecution’s case.

The defence argues that Kyari and his team were targeted after arresting traffickers whom NDLEA officers had allegedly cleared at the Akanu Ibiam International Airport in Enugu.

After Wednesday’s ruling, Mba asked about a subpoena for the list of NDLEA officers on duty at the airport on January 19, 2022. Sunday objected that it had been addressed to a non-existent director-general position, but said an officer would bring the requested list on Thursday.

The court adjourned the trial to Thursday, October 8, for continuation.

Source: Premium Times