THE Federal High Court in Abuja on Tuesday made an order of accelerated hearing as suspended DCP Abba Kyrai and his co-defendants resumed their defence.
According to the News Agency of Nigeria (NAN) reports, 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 News Agency of Nigeria (NAN) reported that the National Judicial Council (NJC) had, at its 111th meeting, forwarded 12 High Court judges, including Nwite, to President Bola Tinubu for appointment as justices of the Appeal Court.
It would be recalled that Kyari, the 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 NDLEA on eight-count charge.
The agency had accused 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, Insp. Simon Agirgba and Inspector John Nuhu, named as second to fifth defendants.
The two convicted drug traffickers: Chibunna Umeibe and Emeka Ezenwanne, were listed as sixth and seventh defendants.
When the case was called on Tuesday, the judge asked what the position of the case was.
Responding, Sunday Joseph, who appeared for the National Drug Law Enforcement Agency (NDLEA), informed the court that following the judge’s recommendation for elevation, the case was adjourned sine die (indefinitely).
Joseph, however, said 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 the senior lawyer, who appeared for the first 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 May 20 and 21, 2026 for hearing,” he said.
According to him, the position of the case is for us to hear from counsel to the first defendant on their position regarding DW-two based on which we can proceed probably to cross-examination.
A.Akkas, who appeared for first and third defendants (Kyari and James), said 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-two had concluded his testimony.
Akkas, who held brief for Onyechi Ikpeazu, noted that the record of the court would show that what Ikpeazu said was that the first and third defendants counsel requires time to align transcript of new evidence that was demonstration before the court in order to establish its accuracy.
The lawyer, who said he was only served with a hearing notice of the case on Monday, sought an adjournment.
He added that said the DW-two (Nwonke) was outside the country on special duty.
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.
The judge consequently adjourned the case until October 5 for continuation of defence.
The court had, on February 27, admitted video evidence tendered by the DW-two (Nwonke) as exhibit in the trial of Kyari and others.
The video contains the confessional statements of the two drug traffickers, Umeibe and Ezenwanne, who were convicted on June 14, 2022, after they pleaded guilty to the counts preferred against them by the NDLEA.
Nwonke, led in evidence by 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 21.55 kilogramme consignment of cocaine at the airport.
The DW-two 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.