The Court of Appeal in Abuja has dismissed an appeal by suspended Deputy Commissioner of Police, DCP Abba Kyari, seeking to have charges related to an alleged unlawful drug deal dropped.
Kyari had appealed against a March 22 ruling by Justice Emeka Nwite of the Federal High Court, which declined to quash the charges against him. He challenged the court’s jurisdiction to try him and four other police officers, arguing that they had not yet undergone the internal disciplinary processes of the Nigeria Police Force (NPF).
Justice Nwite had held that the powers of the Police Service Commission (PSC) do not override those of the Federal High Court.
On Thursday, a three-member panel of the appellate court agreed with the lower court’s decision and dismissed Kyari’s appeal as unfounded.
In the lead judgment, Justice Adebukola Banjoko stated, “This court finds no reason to disturb the findings and conclusions reached by the learned trial judge of the Federal High Court. The ruling delivered on the 22nd day of March 2023 is affirmed.”
Justice Banjoko further directed that the trial should continue at the Federal High Court, adding, “The appeal is found unmeritorious and it is accordingly dismissed.”
Justices Peter Obiora and Okon Abang, who were part of the panel, concurred with the lead judgment.
Kyari, the former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, is being prosecuted by the National Drug Law Enforcement Agency (NDLEA). He, along with four IRT members—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu—are charged with conspiracy to deal in 17.55 kg of cocaine. They are also accused of dealing in cocaine without lawful authority, conspiracy to tamper with cocaine, and unlawfully tampering with 21.35 kg of cocaine seized from two convicted drug dealers.