Court rejects Abba Kyari request to quash drug case

Court rejects Abba Kyari request to quash drug case

The Court of Appeal in Abuja has dismissed the appeal by suspended Deputy Commissioner of Police, DCP Abba Kyari, challenging the charges against him related to an alleged unlawful drug deal.

Kyari’s appeal contested the decision of Justice Emeka Nwite of the Federal High Court, who, on March 22, refused to dismiss the charges against him and four other police personnel.

Kyari argued that the Federal High Court lacked the jurisdiction to try them before they were subjected to internal disciplinary mechanisms of the Nigeria Police Force (NPF).

Justice Nwite ruled that the powers of the Police Service Commission (PSC) do not override the powers of the Federal High Court.

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On Thursday, a three-member panel of the appellate court, led by Justice Adebukola Banjoko, upheld the Federal High Court’s ruling and dismissed Kyari’s appeal. Justice Banjoko stated, “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 appellate court directed that the trial should continue at the Federal High Court, declaring Kyari’s appeal unmeritorious. Justices Peter Obiora and Okon Abang, who were on the panel, concurred with the lead judgment.

Kyari, the former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, and four members of the IRT—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu—are being prosecuted by the National Drug Law Enforcement Agency (NDLEA).

They are charged with conspiracy to deal in 17.55kg of cocaine, dealing in cocaine without lawful authority, conspiracy to tamper with cocaine, and unlawfully tampering with 21.35kg of cocaine seized from two convicted drug dealers.

Court rejects Abba Kyari request to quash drug case