The ongoing saga of suspended Deputy Commissioner of Police Abba Kyari took a new turn this week as the Court of Appeal in Abuja dismissed his appeal seeking to quash the drug trafficking charges levied against him by the National Drug Law Enforcement Agency (NDLEA). This decision, delivered on July 19, 2024, paves the way for the continuation of Kyari’s trial, which has gripped the nation’s attention due to his previous reputation as a celebrated police officer.
Kyari’s Challenge: Jurisdiction and Internal Procedures
Kyari, once lauded for his achievements in leading the Police Intelligence Response Team (IRT), was arrested in February 2022 on charges of colluding with a suspected drug trafficker and tampering with recovered narcotics. The NDLEA accused him and four other IRT officers of attempting to replace a portion of seized cocaine with a lesser quantity.
Kyari’s defense team challenged the jurisdiction of the Federal High Court to try him, arguing that the NDLEA should have allowed the Nigerian Police Force (NPF) to complete its internal disciplinary procedures before pursuing criminal charges. They contended that the court lacked the power to proceed while the internal investigation was ongoing.
High Court Rejects Arguments, Appeal Court Upholds Decision
In March 2023, Justice Emeka Nwite of the Federal High Court dismissed Kyari’s arguments, ruling that the powers of the Police Service Commission (PSC) to handle internal disciplinary matters did not supersede the authority of the court to hear criminal cases.
This week’s decision by the Court of Appeal upheld the lower court’s ruling. A three-member panel, led by Justice Adebukola Banjoko, found Kyari’s appeal to be “unmeritorious.” Justice Banjoko stated, “There is no reason to manipulate Justice Nwite’s March 22nd, 2023 judgment. The learned trial judge is directed to continue and terminate the proceedings before the Federal High Court.”
This verdict signifies a setback for Kyari’s defense strategy and clears the way for the NDLEA to proceed with its case against him and his co-defendants.
Unanswered Questions and the Road Ahead
While the court’s decision brings the legal wrangling over jurisdiction to a close, several questions remain unanswered.
- Substance of the Allegations: The specifics of the NDLEA’s case against Kyari – the alleged drug tampering and collaboration – have yet to be fully addressed in court. The trial will determine the validity of these accusations.
- Impact on Police Reform: The Kyari case has reignited discussions surrounding police accountability and reform in Nigeria. The outcome of the trial could have wider implications for how internal investigations and disciplinary actions are handled within the NPF.
- Kyari’s Reputation: Prior to his arrest, Kyari was a highly decorated officer credited with high-profile arrests. The drug trafficking charges have tarnished his image, and the trial’s verdict will likely have a significant impact on his legacy.
The Trial Continues: A Nation Watches
The Court of Appeal’s decision paves the way for the resumption of Kyari’s trial before the Federal High Court. The proceedings are expected to attract significant public attention, given Kyari’s previous standing and the nature of the charges. The trial’s outcome will be closely watched by Nigerians and the international community alike, as it could have ramifications for the fight against drug trafficking and police reform efforts in Nigeria.
The continuation of the trial also presents an opportunity for transparency and accountability in a case that has generated considerable controversy. A fair and thorough legal process will be crucial in determining the truth and delivering justice.
