The Court of Appeal in Abuja has declined an application to quash the drug case instituted against the suspended deputy commissioner of police, Abba Kyari.
Justice Adebukola Banjoko, leading a three-member panel, gave the ruling on Thursday.
The court said there was no reason to tamper with the findings and conclusions reached on the issue by Justice Emeka Nwite of the Federal High Court, in the ruling he delivered on March 22, 2023.
“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 court said.
Kyari had appealed against the March 22 ruling by Justice Nwite, in which he refused to quash the charges.
Kyari had, in his application, challenged the jurisdiction of the court to try him and four other police personnel when they were yet to be subjected to the internal disciplinary mechanisms of the Nigeria Police Force (NPF).
In his ruling, Justice Nwite held that the Federal High Court has the exclusive right and jurisdiction to hear drug-related cases as enshrined in the Constitution and the National Drug Law Enforcement Agency (NDLEA) Act.
Justice Nwite held that the powers of the Police Service Commission (PSC) do not supersede the powers of the Federal High Court.
Kyari and four other police personnel – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu – are charged with conspiracy to deal in 17.55kg of cocaine.
