The Court of Appeal in Abuja has dismissed the appeal of Abba Kyari, a suspended Deputy Commissioner of Police, who sought to quash the drug trafficking charges against him. The judgement was delivered by a three-member panel, which upheld the decision of the trial court, asserting that the appeal lacked merit.
Justice Adebukola Banjoko, who read the lead judgement, emphasized that there was no compelling reason to interfere with the findings and conclusions of the trial court’s decision on March 22, 2023. She directed the trial to proceed and reach its conclusion at the Federal High Court. Justice Banjoko stated, “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 concurred with the lead judgement, reinforcing the panel’s unanimous decision. Kyari, along with four members of his team — Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu — faces eight counts of drug trafficking.
Kyari had previously argued, in January 2023, that the charges against him were legally defective and premature. He contended that the National Drug Law Enforcement Agency (NDLEA) should have allowed the police to complete their internal investigation and disciplinary actions before filing charges. Kyari pointed out that the police had already begun investigating the allegations and had issued an interim report.
Additionally, Kyari argued that the Police Service Commission holds the authority to investigate and discipline officers in accordance with the Police Act and regulations, similar to how the National Judicial Council disciplines judicial officers. He urged the court to quash the charges and discharge him based on these grounds.
Despite these arguments, the presiding judge, Emeka Nwite, dismissed Kyari’s application. The appellate court’s decision now paves the way for the Federal High Court to continue with the trial, which will scrutinize the serious allegations of drug trafficking against Kyari and his team.
This case has drawn significant attention due to Kyari’s high-profile status within the police force and the nature of the charges. The legal battle underscores the complexities involved in addressing alleged misconduct within law enforcement agencies and the judicial process’s role in ensuring accountability. The continuation of the trial at the Federal High Court will be closely watched as it unfolds.
