A Federal High Court in Abuja has struck out the evidence of John Nwonke, the second defence witness in the ongoing alleged drug trafficking trial involving suspended Deputy Commissioner of Police, Abba Kyari, and four other police officers.

Justice Emeka Nwite struck out Nwonke’s evidence on Wednesday after the witness failed to appear in court for the continuation of his testimony, despite an earlier warning that his evidence would be foreclosed if he was absent.

The ruling followed an oral application by the National Drug Law Enforcement Agency (NDLEA), through its counsel, Joseph Sunday.

Sunday told the court that Nwonke had repeatedly failed to appear for cross-examination.

The judge held that the witness had been given sufficient time and opportunity to present his evidence and face cross-examination but failed to utilise it.

Counsel to Kyari and Simon Agirgba, Julius Mba, argued that Nwonke was a subpoenaed witness and might not have been aware of the hearing date.

The witness had earlier written the court, citing ill-health as the reason for his absence.

However, the NDLEA objected, noting that the letter did not disclose the nature of the illness or the hospital where he was receiving treatment.

On Monday, Justice Nwite had warned that Nwonke’s evidence would be struck out if he failed to appear on Wednesday.

When the witness was again absent, the NDLEA reminded the court of the earlier directive, leading to the judge’s decision to strike out the evidence.

Kyari and the other police officers are being prosecuted alongside Chibunna Umeibe and Emeka Ezenwanne over an alleged cocaine deal.

While Umeibe and Ezenwanne pleaded guilty and were convicted in 2022, Kyari, Sunday Ubua, Bawa James, Agirgba and John Nuhu pleaded not guilty to the charges.

The NDLEA alleges that Kyari and the other police officers tampered with cocaine recovered from Umeibe and Ezenwanne at the Akanu Ibiam International Airport, Enugu.

Meanwhile, the defence has asked the court to compel the NDLEA to produce the list of its officers who were on duty at the airport on January 19, 2022, when the alleged offence occurred.

Mba said the list would assist the defence in determining its next course of action.

The NDLEA opposed the subpoena, with its counsel arguing that it was addressed to the “director-general” of the agency, an office which, according to him, does not exist within the NDLEA.

He said the agency has a chairman/chief executive officer and a secretary.

The NDLEA, however, agreed that an agency official would produce the requested list of personnel on Thursday.

The court adjourned the case until Thursday for continuation of trial.