Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Federal High Court sitting in Abuja has ordered the Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig. Gen. Buba Marwa (retd.), to produce records showing the agency personnel who were on duty at the Akanu Ibiam International Airport, Enugu State, on January 19, 2022.
The order was made on Monday, October 5, 2026, by Justice Emeka Nwite during the ongoing trial of suspended Deputy Commissioner of Police Abba Kyari and other former members of the Police Intelligence Response Team (IRT) over allegations relating to cocaine recovered at the Enugu airport.
The development followed an application by Kyari’s counsel, Julius Mba, who informed the court that the defence had obtained a subpoena duces tecum requiring the NDLEA chairman to produce certified copies of the agency’s duty list for the date in question.
Mba said the subpoena was filed on September 30 and signed by Justice Nwite on October 2. He told the court that the defence only received the signed document on Monday.
According to the defence lawyer, the records were required for the proper consideration of the case and specifically for the defence of Kyari and Inspector Simon Agirgba.
A subpoena duces tecum is a court process compelling a person or organisation to produce specified documents or other evidence for use in judicial proceedings.
The request for the NDLEA duty roster is connected to the circumstances surrounding the recovery of cocaine at the Enugu airport on January 19, 2022, which forms part of the allegations against Kyari and the other former IRT officers.
Kyari, the former head of the now-defunct IRT, is being prosecuted alongside ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.
The NDLEA had accused the police officers of tampering with cocaine recovered from two suspected drug traffickers arrested at the airport.
The two alleged drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were also originally charged in the case, pleaded guilty and were subsequently convicted. Kyari and the police officers pleaded not guilty to the allegations against them.
Monday’s proceedings also centred on the absence of the defence’s second witness, John Nwonke, who was expected to continue his testimony.
Mba told the court that Nwonke was unable to appear because he was ill and that a letter dated October 2 had been submitted to the court explaining his condition.
The prosecution, however, opposed the request for an adjournment.
NDLEA counsel, Joseph Sunday, said the prosecution was ready to proceed with the case and argued that the defence had failed to comply with an earlier directive concerning the witness.
Sunday urged the court to foreclose Nwonke’s evidence, arguing that the letter explaining his absence did not provide sufficient details about his illness.
The prosecution also complained that it had not been served with the subpoena requiring the NDLEA to produce the airport duty records.
The prosecution counsel described the development as a possible trial ambush, saying the NDLEA was not aware of the subpoena when the matter came up in court.
Defence counsel rejected the allegation and maintained that the application for an adjournment was based on the need for a fair determination of the case.
In his ruling, Justice Nwite held that the letter presented to explain Nwonke’s absence was not convincing enough to justify the requested adjournment.
The judge, however, adjourned the case until October 7, 2026, in the interest of justice, for the continuation of Nwonke’s testimony and his cross-examination.
Justice Nwite warned that failure of the witness to appear on the next date would result in the foreclosure of his evidence.
The court also directed lawyers representing the first to fifth defendants to submit the names of the witnesses they intend to call before the next hearing.
The order requiring the NDLEA to produce the January 19, 2022 duty list gives the defence access to official records that could help establish which agency personnel were present at the Enugu airport when the events central to the allegations occurred. The court has not made any finding in the present proceedings that the records establish guilt or innocence.
Kyari and the other police officers continue to face the allegations in court and remain entitled to the presumption of innocence unless and until the prosecution proves its case beyond reasonable doubt.
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