The Court of Appeal in Abuja has dismissed an appeal from suspended Deputy Commissioner of Police, DCP Abba Kyari, who sought to have drug-related charges against him dropped. Kyari appealed a March 22 ruling by Justice Emeka Nwite of the Federal High Court, which refused to dismiss the charges against him.
Kyari challenged the court’s jurisdiction to try him and four other police officers, arguing they had not yet undergone internal disciplinary procedures within the Nigeria Police Force (NPF). Justice Nwite had previously ruled that the Federal High Court’s authority supersedes the Police Service Commission’s powers.
A three-member panel from the appellate court agreed with Justice Nwite’s decision and rejected Kyari’s appeal as unfounded. Justice Adebukola Banjoko, delivering the lead judgment, stated that there was no justification to alter Justice Nwite’s March 22, 2023 ruling.
“In conclusion,” Justice Banjoko said, “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 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 Peter Obiora and Okon Abang, who were also on the panel, concurred with the lead judgment.
Kyari, formerly head of the Nigeria Police Force’s Intelligence Response Team (IRT), is being prosecuted by the National Drug Law Enforcement Agency (NDLEA) along with four IRT members—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu. They are accused of conspiring to traffic 17.55 kilograms of cocaine and unlawfully handling 21.35 kilograms of cocaine seized from two convicted drug dealers.