The Federal High Court, Abuja Division, on Tuesday made an order of accelerated hearing as suspended DCP Abba Kyari and his co-defendants resumed their defence.
Justice Emeka Nwite gave the order when the matter came up for hearing after it was adjourned indefinitely on May 20, following the shortlisting of his name for elevation to the the Court of Appeal.
The National Judicial Council (NJC) had, at its 111th meeting, forwarded 12 High Court judges, including Mr Nwite, to President Bola Tinubu for appointment as justices of the Appeal Court.
Recall that Mr Kyari, a former head of police Intelligence Response Team (IRT), alongside four other suspended IRT officers, including the two now convicted drug traffickers, were initially being prosecuted by the National Drug Law Enforcement Agency on eight-count charge.
The agency accused Mr Kyari and the officers of conspiracy and obstruction in the illegal dealing in cocaine and importation of cocaine preferred against the two convicts.
The four officers are ACP Sunday J. Ubua; ASP Bawa James, Inspectors Simon Agirgba and John Nuhu, named as 2nd to 5th defendants.
The two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, were listed as 6th and 7th defendants.
When the case was called on Tuesday, the judge asked what was the position of the case.
Responding, Sunday Joseph, who appeared for the NDLEA, informed the court that following the judge’s recommendation for elevation, the case was adjourned sine die (indefinitely).
Mr Joseph, however, said that based on subsequent development and consent of all counsel in the matter, parties agreed that the matter should proceed, pending the president’s approval of the judge’s appointment.
He recalled that on March 16, the 2nd defence witness (DW-2), Insp. El-John Nwonke, concluded his evidence.
He, however, said that the senior lawyer who appeared for the 1st defendant (Kyari), indicated that he would want to review the testimony of the DW-2 before the witness would be cross-examined.
“The matter was then adjourned to 20th and 21st of May, 2026 for hearing,” he said.
According to him, the position of the case is for them to hear from counsel to the 1st defendant on their position regarding DW-2 based on which we can proceed probably to cross-examination.
Mr A.Akkas, who appeared for 1st and 3rd defendants (Kyari and James), said Mr Joseph was not entirely correct that parties agreed on continuation of trial date.
He said it did not lie in the mouth of the prosecution to have informed the court that DW-2 had concluded his testimony.
Mr Akkas, who held brief for Onyechi Ikpeazu SAN, said the record of the court would show that what Mr Ikpeazu said was that the 1st and 3rd defendants counsel require time to align transcript of new evidence that was demonstration before the court in order to establish its accuracy.
The lawyer, who said that he was only served with a hearing notice of the case on Monday, sought an adjournment.
Besides, he said the DW-2 (Nwonke) was outside the country on special duty.
“We need time to inform his employers to get his attendance in court my lord,” he said.
He said the lead counsel, Mr Ikpeazu, was also not within jurisdiction.
“Other senior lawyers who have consistently appeared in this matter are also engaged outside the jurisdiction of this court,” he added.
He, therefore, sought an adjournment to enable them get Nwonke and other witnesses who they intend to call for the defence.
“I understand trial will be day-to-day so we need time to bring all our witnesses,” he said.
Other defence lawyers, who said they were not oppose to expeditious determination of the case, did not raise an objection to the application for an adjournment.
Lawyer to the 5th defendant, Leke Atalogbe, said it would “be important to note that all the defendants are still in custody and have not been granted bail.”
He, therefore, said they were not opposed to speedy conclusion of the case.
Justice Nwite then said that he was more concerned with the accelerate hearing of the matter than counsel to the parties.
“This is one of the matters that is holding me back here” he said.
Delivering the ruling, the judge ordered that the trial shall be day-to-day until the case is concluded.
“After listening to counsel to the parties, I am minded to adjourn this matter in the interest of justice,” he said.
The judge consequently adjourned the case until Oct. 5 for continuation of defence.
The court on February 27 admitted a video evidence tendered by the DW-2 (Nwonke) as exhibit in the trial of Kyari and others.
Justice Nwite, in a ruling, overruled the NDLEA’s objection and marked the video recordings as “Exhibit D-3.”
The video contains the confessional statements of the two drug traffickers, Umeibe and Ezenwanne, convicted on June 14, 2022, after they pleaded guilty to the counts preferred against them by the NDLEA.
Mr Nwonke, led in evidence by Mr Ikpeazu, narrated how NDLEA operatives allegedly shielded the two convicted drug traffickers, Umeibe and Ezenwanne at the Enugu Airport on January 19, 2022, before the police arrested them.
He said the convicts confessed that they were arrested by the IRT with a 21.55kg consignment of cocaine at the airport.
The DW-2 said the convicts told him that they had been in the business for a long time but were surprised at how the police arrested them.
The witness, who was subpoenaed to testify, said they told him that any time they brought in the substance through the airport, the NDLEA officers on duty would have been aware of their coming.
He said he was serving with the Force Criminal Investigation Department (FCID) of the Nigeria Police Force, Abuja, when the two suspects were arrested by the IRT officers and brought for investigation.
He said he was part of the team that conducted the interview session for the suspects on January 20, 2022 where their statements were taken and the session recorded.
The DW-2 also said that the convicted drug traffickers told his team how the NDLEA officers at the point of entry used sign language to help them beat security checks on arrival, before their eventual arrest by the police.
Mr Nwonke said they told him that whenever they were coming with the substance to Nigeria, the people who gave them the substance would take their pictures and send them to the NDLEA officers on duty at the airport.
(NAN)