Court Orders NDLEA to Produce Enugu Airport Duty List in Abba Kyari Cocaine Trial

Court Orders NDLEA to Produce Enugu Airport Duty List in Abba Kyari Cocaine Trial

The Federal High Court in Abuja has ordered the Chairman of the National Drug Law Enforcement Agency (NDLEA) to produce the duty roster of personnel deployed to Akanu Ibiam International Airport, Enugu, on January 19, 2022—the day a cocaine consignment central to the Abba Kyari drug trial was intercepted. The ruling marks a significant development in a case that has drawn national attention and raised questions about airport security and inter-agency coordination in Nigeria’s fight against drug trafficking.

Justice Emeka Nwite issued the order on Monday during the continuation of the trial of suspended Deputy Commissioner of Police Abba Kyari and four other suspended officers of the Police Intelligence Response Team (IRT). The defendants are facing charges of alleged tampering with 21.35kg of cocaine and are standing trial on counts of conspiracy and obstruction in the illegal dealing and importation of the substance. They have all pleaded not guilty.

Julius Mba, counsel to Kyari and Inspector Simon Agirgba, told the court that the defence had filed a subpoena duces tecum—a legal order requiring a person or organisation to produce specific documents or evidence. The subpoena directs the NDLEA boss to present certified true copies of the duty roster for personnel deployed to the Enugu airport on the date in question. According to Mba, the document is essential to help the defence establish its case and demonstrate how the cocaine consignment allegedly passed through airport security.

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The court session also addressed the absence of the defence’s second witness, John Nwonke, who was expected to continue his testimony. Nwonke, who had been subpoenaed to appear, was not in court. His lawyers presented a letter dated October 2 stating that he was ill and unable to attend. The development prompted a sharp exchange between the defence and prosecution.

NDLEA counsel Joseph Sunday strongly opposed the adjournment request, urging the court to foreclose Nwonke’s evidence. He argued that the defence had failed to comply with an earlier order directing the witness to appear on Monday. Sunday also questioned the medical letter, noting that it did not disclose the nature of the illness or the hospital where Nwonke was receiving treatment. He told the court the prosecution was “not aware of any subpoena,” adding: “We don’t conduct trial by ambush.”

In his ruling, Justice Nwite declined to foreclose the witness’s evidence immediately. While he observed that Nwonke’s letter was not convincing enough to justify the adjournment, he adjourned the case until October 7, 2026, in the interest of justice. The judge warned that failure of the witness to appear on that date would lead to the foreclosure of his testimony. He also directed counsel to the first to fifth defendants to submit the names of witnesses they intend to call before the next hearing.

The trial had resumed after an indefinite adjournment in May due to Justice Nwite’s shortlisting for elevation to the Court of Appeal. The defence has been calling witnesses in an effort to establish that NDLEA operatives facilitated the passage of convicted drug traffickers through airport security. In a video played in court in March, convicts Chibunna Umeibe and Emeka Ezenwanne alleged that their photographs were sent ahead to NDLEA officers at the airport to ensure they were cleared without proper screening. The testimony forms part of the defence’s broader argument that the defendants were not the architects of the alleged obstruction.

Kyari and his co-defendants—Sunday Ubua, Bawa James, Simon Agirgba, and John Nuhu—remain at the centre of one of the most closely watched corruption and drug trafficking trials in Nigeria’s recent history. The case has sparked widespread debate about accountability within Nigeria’s law enforcement agencies and the effectiveness of inter-agency cooperation in combating drug crime.

The case was adjourned to October 7, 2026, for further defence proceedings.

Court Orders NDLEA to Produce Enugu Airport Duty List in Abba Kyari Cocaine Trial