The Federal High Court sitting in Abuja has ordered an accelerated, day-to-day hearing in the drug-related trial of suspended Deputy Commissioner of Police Abba Kyari and four other former members of the Police Intelligence Response Team, as the defendants resumed their defence after months of uncertainty over the continuation of the proceedings.
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Justice Emeka Nwite made the order on Tuesday, September 29, 2026, when the matter returned to court following an indefinite adjournment on May 20 after the judge was shortlisted by the National Judicial Council for elevation to the Court of Appeal.
The NJC, at its 111th meeting, recommended 12 High Court judges, including Justice Nwite, to President Bola Tinubu for appointment as Justices of the Court of Appeal. With the presidential consideration of the recommendation still pending, counsel in the criminal case agreed that proceedings should resume rather than remain suspended indefinitely.
When the case was called, counsel for the National Drug Law Enforcement Agency, Sunday Joseph, informed the court that the parties had agreed that the trial could continue pending further developments concerning Justice Nwite’s proposed elevation.
The trial had already entered the defence stage before the May adjournment.
Joseph recalled that the second defence witness, Inspector El-John Nwonke, concluded his evidence-in-chief on March 16, after which counsel for Kyari indicated that the defence needed to review parts of his testimony before the prosecution proceeded with cross-examination.
Nwonke had earlier testified for the defence about events surrounding the arrest of two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, at the Akanu Ibiam International Airport, Enugu, in January 2022.
During his earlier testimony, the witness alleged that NDLEA personnel assisted the two traffickers in bypassing security checks at the airport. Those allegations formed part of the defence case and remain matters being tested before the court.
On February 27, Justice Nwite admitted video recordings tendered through Nwonke into evidence and marked them Exhibit D-3, after overruling an objection by the NDLEA. The recordings were said to contain statements made by Umeibe and Ezenwanne.
At Tuesday’s resumed proceedings, the defence sought additional time before the trial continued fully.
A lawyer appearing for Kyari and another defendant, ACP Sunday J. Ubua, on behalf of lead counsel Onyechi Ikpeazu, SAN, told the court that the defence needed to compare the witness’s testimony with the record of proceedings and ensure that the evidence was accurately captured.
The court was also informed that Nwonke was currently outside Nigeria on an official assignment and that arrangements would have to be made through his employers to secure his return to court.
The defence further said Ikpeazu was outside the court’s jurisdiction and that other senior lawyers who had regularly appeared in the matter were also engaged outside Abuja.
“We need time to inform his employers to get his attendance in court,” counsel submitted, while explaining that other intended defence witnesses would also have to be assembled once the case resumed on a continuous basis.
Counsel for the other defendants did not oppose the request for an adjournment, although they emphasised their interest in having the long-running case concluded expeditiously.
Counsel for the fifth defendant, Leke Atalogbe, also drew the court’s attention to the circumstances of the defendants and told the judge that the defence was not opposed to a speedy conclusion of the case.
Justice Nwite stressed that the court itself was particularly concerned about bringing the trial to an end without further unnecessary delay.
“This is one of the matters that is holding me back here,” the judge said.
After hearing counsel, Justice Nwite granted the adjournment in the interest of justice but directed that when proceedings resume, the trial must continue from day to day until it is concluded.
The matter was consequently adjourned to October 5, 2026, for continuation of the defence.
Kyari, formerly head of the Police Intelligence Response Team, is standing trial alongside four other suspended police officers — ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.
The NDLEA originally arraigned them alongside Umeibe and Ezenwanne on an eight-count charge arising from an alleged cocaine transaction.
The charges included allegations of conspiracy, unlawful dealing in cocaine and obstruction, while the cocaine importation allegations were also brought against the two traffickers. The allegations against Kyari and the other officers remain subject to determination by the court, and they have maintained their defence against the charges.
Umeibe and Ezenwanne took a different course after their arraignment. They pleaded guilty to the charges against them and were subsequently convicted by Justice Nwite on June 14, 2022.
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