The Court of Appeal in Abuja has dismissed an appeal by Abba Kyari, a suspended Deputy Commissioner of Police, seeking to overturn the drug trafficking accusation made against him.
In a decision, a three-member panel of the appellate court dismissed Kyari’s appeal as lacking merit.
Justice Adebukol Banjoko, who read the lead judgement, determined that there was no basis to change the trial court’s findings and conclusions on March 22, 2023.
“The learned trial judge is directed to continue and conclude the trial at the Federal High Court,” Banjoko remarked.
“The appeal is found unmeritorious, and it is accordingly dismissed.”
Other judges on the panel, Peter Obiora and Okon Abang, concurred with the lead opinion.
Kyari is on trial with four members of his team, Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu, for eight charges of cocaine trafficking.
In January 2023, Kyari claimed that the charge against him was legally flawed.
He argued that the charge was premature, stating that the National Drug Law Enforcement Agency (NDLEA) should have allowed the police to complete their investigation and internal disciplinary actions before filing a suit against him.
He informed the court that the police had already started investigating the allegations against him and had issued an interim report.
Kyari also contended that the Police Service Commission has the authority to investigate and discipline officers according to the Police Act and regulations, similar to how the National Judicial Council (NJC) disciplines judicial officers.
Therefore, he requested the court to quash the charge and discharge him.
However, the presiding judge, Emeka Nwite, dismissed the application.