The Court of Appeal on Thursday has dismissed an appeal by suspended Deputy Commissioner of Police, Abba Kyari, seeking to quash drug-related charges against him.
Kyari had filed an appeal marked: CA/ABJ/CR/516/2023, against the March 22 ruling by Justice Emeka Nwite of the Federal High Court, which declined to quash the charge against the suspended police boss.
He challenged the jurisdiction of the court to try him and four other serving police personnel, arguing that they had not been subjected to the internal disciplinary mechanisms of the Nigeria Police Force.
However, the three-member panel of the appellate court agreed with the lower courtโs ruling, holding that the powers of the Police Service Commission do not supersede those of the Federal High Court.
In the lead judgment, Justice Adebukola Banjoko found no reason to disturb the findings and conclusions reached by the trial judge and affirmed the ruling.
Justice Banjoko said: โIn 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.
โThe 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.โ
Justices Peter Obiora and Okon Abang, who were members of the panel, concurred with the lead judgment.
Kyari, former head of the Intelligence Response Team (IRT), and four other police officers โ ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu โ are facing charges brought by the National Drug Law Enforcement Agency (NDLEA) for alleged unlawful drug dealings, including conspiracy to deal in 17.55kg of cocaine and tampering with 21.35kg cocaine seized from convicted drug dealers.