ABUJA (Sundiata Post) – An appeal by suspended Deputy Commissioner of Police (DCP), Abba Kyari to squash the case against him has been rejected.
The Court of Appeal in Abuja dismissed Kyari’s prayer that the alleged unlawful drug deal charge against him be quashed.
In a judgment on Thursday, July 18, a three-member panel of the appellate court dismissed Kayri’s appeal, marked: CA/ABJ/CR/516/2023 for being unmeritorious.
In the lead judgment, Justice Adebukola Banjoko held that there was no reason to tamper with the findings and conclusions reached on the issue by Justice Emeka Nwite of the Federal High Court, in the ruling he delivered on March 22, 2023.
Justice Banjoko said: “In conclusion, this court finds no reason to disturb the findings and conclusions reached by the learned trial judge of the Federal High Court, and in the ruling delivered on the 22nd day of March 2023 is affirmed.
“The learned trial judge is directed to continue and conclude the trial at the Federal High Court.
“The appeal is found unmeritorious and it is accordingly dismissed.”
Justices Justice Peter Obiora and Okon Abang, who were on the panel, agreed with the lead judgment.
Kyari’s appeal was against the March 22 ruling by Justice Nwite, in which he declined to quash the charge and dismissed an application filed by Kyari.
Kyari had, in his apppplication, challenged the jurisdiction of the court to try him and four other serving police personnel when they were yet to be subjected to the internal disciplinary mechanisms of the Nigeria Police Force (NPF).
In his ruling, Justice Nwite held that the Federal High Court has the exclusive right and jurisdiction to hear drug-related cases as enshrined in the Constitution and the National Drug Law Enforcement Agency (NDLEA) Act.
Justice Nwite that the powers of the Police Service Commission (PSC) do not supersede the powers of the Federal High Court
Kyari, who is a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force is being prosecuted by the NDLEA
He and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are charged with conspiracy to deal in 17.55kg of cocaine.
They were also accused of dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
