Abba Kyari:  Court dismisses plea to void charges, adjourns to May 16 

A Federal High Court in Abuja has dismissed an application filed by suspended DCP Abba Kyari.

In the application, the embattled ex super cop sought  an order dismissing the National Drug Law Enforcement Agency (NDLEA) charges against him.

But in a ruling, Justice Emeka Nwite of the court held that the court had the exclusive right and jurisdiction to hear drug related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act.

Justice Nwite had, on Jan. 18, fixed today for ruling on the application filed by Kyari and three other co-defendants in the suit bordering on drug offences.

The applicants are Kyari, ACP Sunday Ubia, Inspector  Simon Agirigba and Inspector John Nuhu.

They had prayed the court to quash the criminal charges against them, in fresh motions on notice filed by their lawyers on the grounds that the suit was incompetent.

They urged the court to stop their trial because they had not been subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as provided by the constitution.

They said the failure of the complainant (NDLEA) to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction the right to entertain the charge.

But the NDLEA counsel, Mr Joseph Sunday, opposed the application.

He argued that most of the cases cited by lawyers to the defendants did not relate with Police Service Act, saying the instant charge against the defendant was a criminal matter.

He submitted that the defendants through their applications had not, by way of affidavit or legal argument, established any condition precedence required for the filing of this charge.

“To that extent, their application fail and bereft of any factual evidence,” he said.

Sunday urged the court to dismiss the application and proceed to the hearing of the matter.

Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the FHC.

He said the subject matter of the case was within the jurisdiction of the court.

The judge said Section 251(2)(F) and (3) of the constitution confers the court the powers to hear and determine the charge.