Drug Charge: Court rejects Abba Kyari’s appeal to drop case

The Court of Appeal in Abuja has rejected suspended Deputy Commissioner of Police, DCP Abba Kyari’s appeal to dismiss charges related to an alleged unlawful drug deal.

Kyari’s appeal challenged the decision of Justice Emeka Nwite of the Federal High Court on March 22, where the judge refused to dismiss the charges against him.

He 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.

Justice Nwite held that the powers of the Police Service Commission, PSC, do not supersede the powers of the Federal High Court

A three-member panel of the appellate court, on Thursday, agreed with the ruling and dismissed Kayri’s appeal for being unfounded.

In the lead judgment, Justice Adebukola Banjoko held that there was no reason to tamper with the ruling Justice Nwite 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, 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.