DCP ABBA KYARI V. FEDERAL REPUBLIC OF NIGERIA & 4 ORS

ADEBUKUNOLA ADEOTI BANJOKO, JCA (DELIVERING THE LEADING JUDGMENT): This Appeal is against the Interlocutory Ruling of the Federal High Court, Abuja Division presided over by Hon. Justice Emeka Nwite on the 22nd day of March, 2023 in Charge No: FHC/ABJ/CR/57/2022, which can be found at Pages 379 to 413 of the Record of Appeal, wherein the Application to quash the Charge against the Appellant was dismissed.

The brief facts of the case are that the Appellant, a Police Officer, together with Four other Police Officers and Two other Persons were arraigned before the Federal High Court on a varied Eight Count Charge of Conspiracy to Deal and actually Dealing in 17.55 kilograms of Cocaine; Conspiracy to Tamper with 21.35 kilograms of Cocaine. The Appellant was additionally charged with attempt to obstruct the Agency and its authorized Officers in the exercise of their duties. They all pleaded Not Guilty to the counts of offences. Trial commenced at the Trial Court with the Prosecution calling…