The Appeal Court in Abuja on Thursday, July 18, dismissed an application filed by suspended DCP Abba Kyari requesting that the unlawful drug deal charge against him be dropped.
A three-member panel of justices dismissed Kyari’s appeal, marked: CA/ABJ/CR/516/2023 for being unmeritorious.
Justice Adebukola Banjoko, who led the panel, 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.
“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.
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“The appeal is found unmeritorious and it is accordingly dismissed.”
Kyari had appealed against the March 22 ruling by Justice Nwite, in which he refused to quash the charges and dismissed an application filed by Kyari.
Kyari had, in his application, challenged the jurisdiction of the court to try him and four others 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 held that the powers of the Police Service Commission (PSC) do not supersede the powers of the Federal High Court.
Kyari, 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.
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