Kyari in court
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The Court of Appeal sitting in Abuja, on Thursday, declined to stop the trial of a detained Deputy Commissioner of Police, DCP, Abba Kyari, who is facing drug trafficking charge. The court dismissed as lacking in merit, an appeal the suspended DCP filed to quash the eight-count charge the National Drug Law Enforcement Agency, NDLEA, preferred against him. Kyari, who hitherto headed the Police Intelligence Response Team, IRT, was accused of tampering with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
He is facing trial alongside four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
The NDLEA alleged that Kyari and his men unlawfully tampered with 21.25kilograms worth of cocaine that they seized from the two convicted drug traffickers, adding that the defendants equally transacted on cocaine worth 17.55kg.
It alleged that the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.
All the defendants denied the allegations as they pleaded not guilty to the charge.
Trial Justice Emeka Nwite had on two previous rulings, denied them bail, even as he ordered their remand at Kuje prison.
Likewise, the trial court, on March 22, 2023, dismissed a motion that Kyari filed to challenge the competence of the charge against him.
Kyari, through his team of lawyers led by Mr. Nureni Jimoh, SAN, maintained that the charge was legally defective and premature, insisting that the NDLEA ought to have allowed police to exhaust its internal machinery before it instituted the action. He told the court that the Police had already commenced investigation on allegations against him and issued an interim report.
The defendant argued that he could only be charged to court upon conclusion of the internal investigation by the police.
Dissatisfied with the dismissal of his objection to the trial, the former supercop took the matter before the appellate court where he also lost on Thursday.
In their judgement, a three-man panel of Justices led by Justice Adebukola Banjoko, held that the appeal marked: CA/ABJ/CR/516/2023, lacked merit.
The appellate court said it found no reason to tamper with the findings and conclusions that were reached on the issue by the trial judge.
“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,” the appellate court held.
Other members of the panel that concurred with the judgement, were Justices Justice Peter Obiora and Okon Abang. Vanguard
