The Federal High Court in Abuja has struck out the evidence of John Nwonke, the second defence witness in the ongoing drug trafficking trial involving suspended former head of the Police Intelligence Response Team (IRT), 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 despite an earlier warning that his testimony would be foreclosed if he was absent.

The decision followed an oral application by Joseph Sunday, counsel to the National Drug Law Enforcement Agency (NDLEA), who told the court that Nwonke had repeatedly failed to appear for the continuation of his testimony.

Justice Nwite held that the witness had been given sufficient time and opportunity to present his evidence and submit to cross-examination by the prosecution but failed to take advantage of the opportunity.

The judge subsequently ordered that the evidence be struck out of the record.

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

The defence had earlier informed the court that the witness was absent due to ill health.

But the NDLEA had questioned the explanation, noting that Nwonke’s letter did not disclose the nature of his illness or identify the hospital where he was receiving treatment.

At Monday’s proceedings, Justice Nwite had warned that the witness’s evidence would be foreclosed if he failed to appear on Wednesday.

When the matter was called on Wednesday, Nwonke was again absent, prompting the NDLEA to remind the court of the earlier warning.

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

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

The NDLEA alleges that Kyari and the other officers tampered with cocaine recovered from Umeibe and Ezenwanne at the airport.

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

Mba said the document would help the defence determine its next line of action.

The NDLEA opposed the request, with Sunday arguing that the subpoena was addressed to the agency’s “director-general”, an office he said does not exist.

According to him, the NDLEA has a chairman/chief executive officer and an agency secretary, rather than a director-general.

The NDLEA counsel, however, told the court that an officer of the agency would produce the list of personnel who were on duty at the airport on Thursday.

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