A Federal High Court in Abuja has dismissed an application filed by suspended DCP Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency, NDLEA’s charge against him.
Kyari is standing trial alongside four members of his disbanded team — Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu — on an eight-count charge of drug trafficking.
Kyari, through his lawyer, Nureni Jimoh, had submitted that the charge against him was legally defective, stating that the National Drug Law Enforcement Agency (NDLEA) ought to have allowed the police to conclude their investigation and take internal disciplinary action before instituting a suit against him.
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 and regulations, the same way the National Judicial Council (NJC) disciplines judicial officers.
However, the court held that the powers of the PSC do not supersede the powers of the federal high court.
The presiding judge, Emeka Nwite, emphasized that the federal high court has the power to hear drug-related offenses as enshrined in the constitution and the NDLEA Act and that Section 251 of the constitution confers the court the powers to hear and determine the charge.
Therefore, the court rejected Kyari’s plea to quash the charge and discharge him. This decision implies that the trial of Kyari and his co-accused would continue as scheduled.
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