Court dismisses application by DCP Abba Kyari to strike out charges against him
The Federal High Court sitting in Abuja has dismissed an application by the suspended Deputy Commissioner of Police, Abba Kyari, in which he sought the court to strike out charges filed against him by the National Drug Law Enforcement Agency (NDLEA).
Recall that Kyari, who is a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, is facing trial after he was arrested and arraigned before the court by the NDLEA in 2022.
The “Super cop” and four members of the IRT including ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu were charged before the Federal High Court on conspiracy to deal in 17.55kg of cocaine and dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
In his defence, Kyari had told the court that the charges against him were premature. He maintained that the NDLEA ought to have allowed police to exhaust its internal machinery before dragging him to the court.
According to him, the Police had already commenced an investigation into allegations against him and issued an interim report, insisting that he could only be charged in court upon the conclusion of the internal investigation by the police.
Kyari further argued that the Police Service Commission (PSC) has similar powers to investigate and discipline erring police officers in line with the Police Act & Regulations, the same way the National Judicial Council (NJC) disciplines judicial officers.
However, the trial judge, Justice Emeka Nwite, countered Kyari’s argument as noted that the powers of the Police Service Commission do not supersede the powers of the Federal High Court.
Justice Nwite in his ruling on Wednesday therefore dismissed Kyari’s application on the ground that the court has the exclusive right and Jurisdiction to hear drug-related cases as enshrined in the 1999 Constitution of the Federal Republic of Nigeria (As amended) and the NDLEA Act.
According to the judge, Section 251 of the constitution confers the court with the powers to hear and determine the charge.
