Abba Kyari’s Cocaine Trial: 5 Things to Know About Court’s Latest Ruling
A Federal High Court in Abuja has struck out the evidence of a defence witness in the ongoing cocaine trial of suspended police officer Abba Kyari.
Justice Emeka Nwite made the decision after Inspector El-John Nwonke failed to appear in court for further proceedings. The prosecution had asked the judge to stop the witness from giving more evidence.
The defence had earlier asked the court to excuse the witness because of his health. However, his continued absence delayed the trial.
The ruling affects the evidence Kyari’s legal team hoped to use in challenging the prosecution’s case.
Here are five things to know about the court’s latest decision.
1. Court strikes out the witness’s evidence
Justice Nwite ordered the court to strike out Nwonke’s evidence after he failed to return for further proceedings.
The witness had started testifying for Kyari’s defence in January 2026. However, the prosecution had yet to complete its cross-examination.
Cross-examination allows the opposing lawyer to question a witness about their testimony. It also helps the court assess the evidence presented during a trial.
The prosecution argued that Nwonke’s repeated absence prevented it from completing this process.
The judge had earlier warned that the court could close the witness’s evidence if he failed to appear again.
When Nwonke missed another hearing, the prosecution renewed its request. The judge then struck out his evidence.
2. The witness testified about the cocaine investigation
Nwonke, a police inspector, testified about the investigation into two drug traffickers, Chibunna Umeibe and Emeka Ezenwanne.
Police arrested the two men in January 2022 after they arrived at Akanu Ibiam International Airport in Enugu from Ethiopia with cocaine.
During his testimony, Nwonke said he took part in their interviews on January 20, 2022.
He told the court that investigators recorded the interviews on video and transferred the recordings to a digital video disc.
Nwonke also said the suspects alleged that NDLEA officers helped them bypass airport security checks.
The two men later pleaded guilty to drug-related charges. The court convicted them in 2022.
Kyari’s defence sought to use Nwonke’s testimony to support its challenge to the prosecution’s account of the investigation.
However, the court’s latest decision means the witness’s evidence will no longer form part of the court record.
3. The defence cited the witness’s absence and ill health
Nwonke’s absence caused repeated delays in the proceedings.
At an earlier hearing, the defence reportedly told the court that the witness was outside Nigeria for a course.
The situation changed at the next hearing on October 5, when the defence cited his ill health.
Justice Nwite expressed reservations about the medical explanation but granted the defence more time.
The judge also warned that the court would close the witness’s evidence if he failed to attend the next hearing.
Nwonke did not appear on October 7.
Kyari’s lawyer, Julius Mba, argued that the witness might not have known about the new hearing date.
However, the prosecution urged the court to proceed without further delay.
The judge accepted the prosecution’s position and struck out the evidence.
4. Kyari faces allegations of cocaine tampering and bribery
The cocaine trial centres on allegations that Kyari and four other police officers tampered with drugs seized from Umeibe and Ezenwanne.
The National Drug Law Enforcement Agency (NDLEA) accused the officers of removing 17.55 kilogrammes from the 21.35 kilogrammes of cocaine recovered from the suspects.
The agency alleged that the officers replaced the removed cocaine with another substance.
Kyari also faces a separate allegation that he offered $61,400 to a senior NDLEA operative. Prosecutors said he wanted to prevent the testing of the seized substance.
The allegations followed the suspects’ arrest in January 2022.
The NDLEA arrested Kyari in February 2022. He and the other officers have denied the charges.
The prosecution presented its witnesses before the court directed the defendants to open their defence in April 2025.
Kyari’s legal team has challenged the prosecution’s account of the events. The defence has also questioned the conduct of NDLEA officers during the investigation.
The court has yet to determine the defendants’ guilt or innocence in the case.
5. The defence is seeking airport records
Despite the latest ruling, Kyari’s cocaine trial will continue.
The defence has also asked the court to obtain records showing which NDLEA officers were on duty at Akanu Ibiam International Airport on January 19, 2022.
The records could help the defence examine how Umeibe and Ezenwanne passed through airport security.
The prosecution initially objected to the subpoena because it was addressed to the NDLEA director-general. Its lawyer argued that the agency did not have an official position with that title.
The prosecution later agreed to produce an officer who could bring the requested records to court.
The defence hopes the information will support its arguments about the events surrounding the suspects’ arrival in Nigeria.
The court’s decision to strike out Nwonke’s evidence does not end the trial. Kyari and his co-defendants can still present other evidence through their defence.
What happens next?
The court will continue hearing the case as the defendants present their defence.
Nwonke’s evidence will no longer form part of the record following the latest ruling. The prosecution will therefore not cross-examine him on that testimony in the ongoing proceedings.
The judge will eventually consider the admissible evidence before reaching a decision on the charges.
For now, the trial remains ongoing, and the allegations against Kyari and the other defendants remain before the court.