High Court Denies Abba Kyari’s Appeal to Drop Charges

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Summary:

• The Federal High Court in Abuja, Nigeria, has dismissed an application by suspended Deputy Commissioner of Police Abba Kyari seeking to strike out charges against him.
• Kyari and four other police officers are facing prosecution by the NDLEA for conspiracy to deal in 17.55kg of cocaine, dealing in cocaine without lawful authority, conspiracy to tamper with cocaine, and unlawfully tampering with 21.35kg of cocaine seized from two convicted drug dealers.
• The court’s decision means that the case will proceed, and the suspended Deputy Commissioner of Police and his co-defendants will face trial for the charges brought against them by the NDLEA.

ABUJA (MandyNews.com) – The Federal High Court in Abuja dismissed an application by suspended Deputy Commissioner of Police Abba Kyari seeking to strike out charges against him on Wednesday.

Kyari and four other police officers are being charged by the National Drug Law Enforcement Agency (NDLEA) with conspiracy to deal in 17.55kg of cocaine, dealing in cocaine without legal permission, conspiracy to tamper with cocaine, and illegally tampering with 21.35kg of cocaine seized from two convicted drug dealers.

In his decision, Justice Emeka Nwite said that the Constitution of the Federal Republic of Nigeria and the NDLEA Act say that the court is the only place that can hear cases about drugs.

Section 251 of the constitution confers on the court the power to hear and determine the charge.

Kyari had said that the charges against him came too soon and that the NDLEA should have waited until the police had used up all of its own resources before taking action.

He told the judge that the police were already looking into the accusations against him and had given an interim report.

Kyari insisted that the police had to finish their internal investigation before he could be charged in court.

Furthermore, Kyari argued that the Police Service Commission (PSC) has similar powers to investigate and discipline erring police officers in line with the Police Act and Regulations, the same way the National Judicial Council (NJC) disciplines judicial officers.

But Justice Nwite said that the PSC does not have more power than the Federal High Court.

Abba Kyari, who used to be the head of the Nigeria Police Force’s Intelligence Response Team (IRT), is charged along with four other IRT members: ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu.

The dismissal of Kyari’s application means that the case will proceed, and the suspended Deputy Commissioner of Police and his co-defendants will face trial for the charges brought against them by the NDLEA.

The case shows how Nigerian authorities are working to stop corruption and drug-related crimes in the police force.

Further details on the case are expected to emerge shortly as the trial unfolds.