Abba Kyari, a suspended Deputy Commissioner of Police, has had his application to strike out charges against him rejected by the Federal High Court in Abuja.
Kyari is currently facing prosecution by the National Drug Law Enforcement Agency (NDLEA) along with four members of the Intelligence Response Team of the Nigeria Police Force.
In his ruling, Justice Emeka Nwite Kyari dismissed Abba Kyari’s application on the ground that the court has the exclusive right and jurisdiction to hear drug-related cases as enshrined in the Constitution of the Federal Republic of Nigeria and the National Drug Law Enforcement Agency (NDLEA) Act.
He held that Section 251 of the constitution confers the court the powers to hear and determine the charge.
Kyari had insisted that the charges against him were premature and that the NDLEA ought to have allowed the police to exhaust its internal machinery before instituting the action.
He maintained that he could only be charged in court upon the conclusion of the internal investigation by the police. Kyari argued that the Police Service Commission 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 judge stated that the powers of the Police Service Commission do not supersede the powers of the Federal High Court. Thus, Kyari’s application to strike out the charges was dismissed.
Kyari and his colleagues were charged before a Federal High Court in Abuja with conspiracy to deal in 17.55kg of cocaine, 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.
