Story by Iyiola Ayomide
Kyari, formerly with the Police Intelligence Response Team, and four others are accused of tampering with 21.25kg of seized cocaine.
Despite Kyari’s arguments on the charge’s legality, the appellate court upheld the trial court’s rulings, directing the continuation of proceedings at the Federal High Court.
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.
The police officers were reported to have 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 pleaded not guilty to the charge.
Judge Emeka Nwite had previously denied bail to Abba Kyari and his co-defendants, ordering their remand at Kuje prison. Additionally, on March 22, 2023, the trial court dismissed Kyari’s motion challenging the charge’s competence.
Kyari, represented by Mr. Nureni Jimoh, SAN, argued that the charge was legally flawed and premature, contending that the NDLEA should have awaited the conclusion of the police’s internal investigation. Despite his objections being dismissed, Kyari appealed the decision at the appellate court, where a three-judge panel, led by Justice Adebukola Banjoko, found his appeal (CA/ABJ/CR/516/2023) lacking in merit and affirmed the trial court’s rulings.
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.”
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