The trial of former suspended Deputy Commissioner of Police Abba Kyari was stalled on Monday following the failure of the prosecution to produce its subpoenaed second prosecution witness, DW2.
The witness, whose testimony was expected to be concluded, was said to be unavailable due to illness after returning from an official assignment.
When the matter was called, the prosecution informed the court that the witness had been on official duty and subsequently fell ill upon his return. It presented a letter stating that the witness was receiving treatment at home.
The prosecution said the witness was expected to recover and appear before the court within two weeks.
It also presented another letter seeking the production of four or five officers who were on duty at the Murtala Muhammed International Airport, Lagos, in February 2022, when the alleged narcotics passed through the airport.
According to the prosecution, the officers were required to testify on the circumstances surrounding the clearance of the drugs at the airport.
The development, however, triggered a disagreement in court, with the judge expressing displeasure over what he described as a lack of seriousness by parties in prosecuting the matter.
The judge reminded counsel that at the previous sitting, the court had directed all parties to be punctual and committed to the proceedings.
He warned that the subpoenaed witness could risk being foreclosed from giving evidence if he repeatedly failed to appear in court.
The judge also expressed concern over the absence of a member of the defence team who had participated in the previous proceedings.
The prosecution objected to the judge’s choice of words, saying it was uncomfortable with the description of the parties as careless or unserious and requested that the remark be withdrawn.
The disagreement led to a brief exchange between the prosecution and the court before the judge called for a recess.
Proceedings were subsequently put on hold as parties waited for the court to reconvene.
The court adjourned the matter involving Kyari until October 7, 2026, for further proceedings.
