Answer: As a rule, no.
According to Article 88 of Federal Decree-Law No. 30 of 2021:
- Federal courts located in the capital of the UAE (Abu Dhabi) have exclusive jurisdiction to hear cases involving narcotic drugs and psychotropic substances committed for the purpose of trafficking or distribution, as well as all related crimes.
- This rule applies in two situations:
1. When the accused acts as part of a hostile group or an organized criminal network (or in their interests).
2. When the crime is committed in more than one Emirate or its consequences affect multiple Emirates.
Such provisions relate to public order: courts are obliged to apply them regardless of the parties’ positions, and any violation renders the proceedings invalid.
In Criminal Appeal No. 1005 of 2024, the Supreme Court confirmed:
- The defendant transported and stored heroin in the interests of an organized international group.
- This falls within the scope of Article 88; therefore, the case was correctly tried before the federal courts in Abu Dhabi.
- The defense’s arguments claiming a “lack of evidence of parti...