The Court of Appeal sitting in Abuja has dismissed an appeal by suspended Deputy Commissioner of Police, DCP, Abba Kyari, requesting that the alleged unlawful drug deal charge against him be dropped.
Kyari had filed an appeal against the March 22 ruling by Justice Emeka Nwite of the Federal High Court, in which he declined to quash the charge against the suspended police boss.
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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 17.55 kg 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.