The Court of Appeal sitting in Abuja, yesterday, 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 SundayUbia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
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 and ordered their remand at Kuje prison.
Also, on March 22, 2023, the court dismissed a motion by Kyari, challenging the competence of the charge against him.
Dissatisfied with the dismissal of his objection to the trial, Kyari took the matter to the appellate court, where he also lost, yesterday.
In their judgment, 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.
The appellate court held: “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 March 22, 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.”
Other members of the panel that concurred with the judgment, were Justices Justice Peter Obiora and Okon Abang.