The court has dismissed the second defence witness for former Deputy Commissioner of Police (DCP) Abba Kyari and struck out his previously given evidence.
This decision, delivered on Wednesday, serves as a major setback for the legal team representing Mr Kyari in his ongoing trial involving cocaine allegations.
By striking out the evidence, the court has removed a substantial portion of the defence’s previous testimony from the record, meaning it can no longer be used to support Mr Kyari’s case.
Legal setback for the former DCP
The court’s decision in the Abba Kyari trial considerably narrows the scope of the defence’s ability to challenge the prosecution. The dismissal of the second witness and the striking out of prior evidence suggests a procedural or substantive issue encountered during the proceedings.
In Nigerian criminal litigation, the striking out of evidence is a severe judicial action. It typically occurs when a party fails to comply with court orders, fails to follow proper legal procedures, or when the evidence provided is deemed inadmissible for specific legal reasons. Once evidence is struck out, it is legally ignored by the court when making its final determination on the guilt or innocence of the accused.
The trial has been closely monitored due to the high profile of the defendant. As a former senior officer within the Nigeria Police Force, the allegations involving cocaine have placed Mr Kyari at the centre of a high-stakes legal battle regarding accountability and law enforcement integrity.
The loss of a witness and the removal of previous testimony puts the defence in a difficult position. It places more pressure on the remaining elements of their case to counter the evidence presented by the prosecution.
The prosecution is expected to continue its presentation of evidence in upcoming sessions. The court has not yet provided a specific timeline for the next stage of the trial, but the legal momentum has shifted following Wednesday’s ruling.
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