Reported by Simon Daniel Yusuph l Journalist at Weng Global
The Federal High Court in Abuja has directed the Chairman of the National Drug Law Enforcement Agency (NDLEA) to produce records identifying the agency personnel who were on duty at the Akanu Ibiam International Airport, Enugu State, on January 19, 2022, as the alleged cocaine deal trial involving suspended Deputy Commissioner of Police Abba Kyari and other former Police Intelligence Response Team officers continues.
Justice Emeka Nwite issued the directive during proceedings on Monday after defence counsel Julius Mba informed the court that the defence had obtained a subpoena requiring the NDLEA to produce certified copies of the relevant personnel records.
The document is being sought by the defence as part of its case concerning events surrounding the arrest of two convicted drug traffickers and the subsequent handling of cocaine allegedly recovered at the Enugu airport.
Court Seeks Records of NDLEA Personnel on Duty
The defence’s request centres on identifying NDLEA personnel who were deployed to the Enugu airport on the day at the centre of the prosecution.
Mba, who represents Kyari and Inspector Simon Agirgba, told the court that the subpoena duces tecum had been filed and signed by Justice Nwite. He requested that the NDLEA produce certified true copies of the list of its personnel who were on duty at the airport on January 19, 2022.
The records are intended for inspection and use in the ongoing proceedings.
According to the court reports, the subpoena was filed on September 30 and signed by the judge on October 2. Defence counsel said it was received on Monday, October 5.
The directive places the NDLEA’s records concerning its personnel at the airport directly within the evidentiary process of the trial.
It does not, however, establish that any NDLEA officer listed in the records committed an offence. The records are being sought as evidence, and any allegations arising from them remain subject to examination before the court.
Why the Enugu Airport Records Matter
The January 19, 2022 incident is central to the drug-related prosecution against Kyari and four other former IRT officers.
The NDLEA originally charged Kyari and the officers alongside two suspected drug traffickers over allegations involving cocaine recovered from the traffickers at the Enugu airport.
The agency accused Kyari and the police officers of tampering with the recovered cocaine. Kyari and the other police defendants have pleaded not guilty to the charges.
The two drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, pleaded guilty to the charges against them and were subsequently convicted.
The prosecution and defence have presented competing accounts concerning the events surrounding the cocaine and the roles allegedly played by police and anti-narcotics personnel.
That makes records showing which NDLEA personnel were on duty at the airport potentially relevant to the defence’s effort to establish its case.
However, the significance of the records will ultimately depend on how they are presented, challenged and interpreted during the trial.
Kyari’s Trial Remains Separate From Asset Declaration Case
Kyari is involved in more than one legal proceeding arising from investigations conducted by the NDLEA, and the cases should not be conflated.
His ongoing cocaine-related trial before Justice Nwite is separate from the earlier case concerning alleged non-declaration of assets and related money-laundering allegations.
In March 2026, Justice James Omotosho of the Federal High Court in Abuja discharged and acquitted Kyari and his two brothers in the 23-count asset declaration case after finding that the prosecution had failed to establish its case.
The cocaine-related prosecution, however, has continued before Justice Nwite.
The NDLEA itself previously clarified that the substantive drug case remained ongoing after the separate asset declaration proceedings.
The distinction is important because developments in one case do not automatically determine the outcome of the other.
How the Drug Case Began
The prosecution dates back to January 2022, when two drug traffickers were arrested at Akanu Ibiam International Airport in Enugu.
The suspects, Umeibe and Ezenwanne, were arrested by personnel of the Police Intelligence Response Team after arriving in Enugu.
The subsequent investigation resulted in allegations concerning the handling of cocaine recovered during the operation.
The NDLEA later prosecuted Kyari and four other IRT officers — ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu — alongside the two drug traffickers.
The case involves allegations concerning conspiracy, unlawful dealing in cocaine and interference with drug exhibits. Kyari and the police officers have denied the allegations by pleading not guilty.
The two traffickers took a different legal route by pleading guilty and were convicted.
The continuing trial against Kyari and the police officers therefore concerns allegations that remain to be determined by the court.
Earlier Evidence Raised Questions About Airport Operations
The Enugu airport incident has previously featured evidence concerning the conduct of NDLEA personnel at the airport.
In March 2026, Channels Television reported that video evidence admitted by the court contained statements by Umeibe and Ezenwanne alleging that NDLEA operatives had assisted them in navigating security procedures at the airport before their arrest.
The evidence was presented during Kyari’s defence and admitted by Justice Nwite as an exhibit.
Those allegations remain allegations and should not be treated as established facts unless proved through the judicial process.
The new order for the duty records could therefore provide the defence with information it considers relevant to the circumstances surrounding the airport operation.
Whether the documents will materially affect the case will depend on the evidence ultimately accepted by the court.
Defence Witness Absence Also Delays Proceedings
Monday’s proceedings also focused on the absence of the second defence witness, Inspector John Nwonke, who had been expected to continue his testimony.
Defence counsel told the court that Nwonke was unable to appear because of illness and that a letter explaining his absence had been filed.
The NDLEA opposed the request for another adjournment.
Prosecution counsel Joseph Sunday argued that the defence should not be allowed to delay proceedings and asked the court to foreclose the witness’s evidence.
The prosecution also questioned aspects of the medical explanation presented to the court.
The defence rejected the suggestion that it had deliberately circumvented the court’s orders and maintained that the witness’s absence was due to illness.
Court Gives Witness Another Opportunity
Justice Nwite ultimately declined the request to terminate the witness’s evidence.
Instead, the court gave Nwonke another opportunity to appear and continue his testimony.
Reports of the proceedings indicate that the case was adjourned to October 7 for the continuation of the witness’s evidence and cross-examination, with the court warning that his evidence could be closed if he failed to appear.
The development reflects the court’s attempt to balance the defence’s right to present its case with the need to prevent unnecessary delays in a prosecution that has been before the court for several years.
The judge had previously stressed the importance of bringing the long-running proceedings to conclusion and directed that the trial should proceed from day to day when it resumed.
Who Are the Defendants?
Kyari, the former head of the Police Intelligence Response Team, is the first defendant in the drug-related proceedings.
He is being tried alongside four former members of the IRT:
- ACP Sunday J. Ubua
- ASP Bawa James
- Inspector Simon Agirgba
- Inspector John Nuhu
The two convicted drug traffickers, Umeibe and Ezenwanne, were initially listed as the sixth and seventh defendants.
The NDLEA’s case centres on allegations that the police officers interfered with cocaine recovered from the two traffickers.
The defendants who remain on trial have pleaded not guilty and are entitled to the presumption of innocence unless and until the court determines otherwise.
The Role of the NDLEA Chairman
The court’s directive specifically requires the NDLEA chairman to produce the requested records.
The current chairman of the agency is Brigadier General Mohamed Buba Marwa (retd.).
The order does not mean that Marwa is personally accused of wrongdoing in the case.
His role in the latest development is connected to the court’s directive requiring the NDLEA to produce official records held by the agency.
The requested information concerns the personnel deployed at the Enugu airport on the date of the alleged drug incident.
Such documentary evidence can help establish who was present, which agency personnel were assigned to a particular location and whether the accounts presented by witnesses correspond with official deployment records.
Why the Development Matters
The latest order is significant because the trial has increasingly focused on what happened to the cocaine recovered from the two traffickers and the roles of the various security agencies involved.
The prosecution must establish its allegations against Kyari and the other defendants through admissible evidence.
The defence, meanwhile, is entitled to challenge the prosecution’s case and present evidence supporting its own account of events.
The duty records requested from the NDLEA could therefore become part of that evidentiary contest.
However, the existence of a court order for the documents should not be interpreted as an indication that the court has accepted the defence’s allegations.
It simply means the court has directed that potentially relevant records be produced for consideration in the proceedings.
What Happens Next
The immediate developments are expected to centre on two issues.
First, the NDLEA is expected to comply with the court’s direction concerning the list of personnel who were on duty at Akanu Ibiam International Airport on January 19, 2022.
Second, the defence is expected to continue presenting the testimony of John Nwonke, subject to his appearance before the court.
The court has indicated that the witness must return for the continuation and conclusion of his evidence and cross-examination, with his evidence potentially being closed if he fails to appear.
The trial will then proceed on the basis of the evidence admitted by the court and the arguments presented by both sides.
For now, the allegations against Kyari and the other police officers remain unresolved. The final determination will come from the court after the parties have completed their respective cases and the judge considers the evidence.
What Readers Should Know
The latest development does not amount to a conviction or a finding of guilt against Abba Kyari or any NDLEA personnel.
The Federal High Court has ordered the NDLEA chairman to produce a specific set of records concerning agency personnel who were on duty at Enugu airport on January 19, 2022.
The records were requested by Kyari’s defence as part of the ongoing cocaine-related trial.
At the same hearing, the court rejected the prosecution’s attempt to close the evidence of a defence witness who was absent because of reported illness, giving the witness another opportunity to appear.
The case therefore remains active, with the court continuing to examine evidence surrounding the alleged handling of cocaine recovered from two convicted drug traffickers.
The next proceedings will help determine how the requested NDLEA records and the remaining defence testimony fit into the wider evidence before the court.
Weng Global – stories beyond borders
Sources
- Federal High Court, Abuja
- National Drug Law Enforcement Agency (NDLEA)
- Vanguard
- THISDAY
- Channels Television
- The Nigeria Lawyer
- Tribune Online
