The Court of Appeal in Abuja has dismissed an appeal by suspended Deputy Commissioner of Police (DCP) Abba Kyari, who had sought to have the unlawful drug deal charges against him quashed.
In a judgment delivered on Thursday, July 18, a three-member panel of the appellate court ruled against Kyari’s appeal, marked CA/ABJ/CR/516/2023, deeming it unmeritorious.
Justice Adebukola Banjoko, who delivered the lead judgment, stated that there was no justification to overturn the findings and conclusions of Justice Emeka Nwite of the Federal High Court in the ruling made 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 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 Peter Obiora and Okon Abang, who were on the panel, concurred with the lead judgment.
Kyari’s appeal contested the jurisdiction of the Federal High Court to try him and four other police personnel while they were yet to undergo the internal disciplinary processes of the Nigeria Police Force (NPF).
However, in his ruling, Justice Nwite maintained that the Federal High Court has exclusive jurisdiction over drug-related cases as stipulated in the Constitution and the National Drug Law Enforcement Agency (NDLEA) Act. He further asserted that the powers of the Police Service Commission (PSC) do not override the jurisdiction of the Federal High Court.
Kyari, the former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, is being prosecuted by the NDLEA. He, along with four members of the IRT—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu—is charged with conspiracy to deal in 17.55kg of cocaine.
They are also accused of dealing in cocaine without lawful authority, conspiring to tamper with cocaine, and unlawfully tampering with 21.35kg of cocaine seized from two convicted drug dealers.