The Federal High Court sitting in Abuja, on Wednesday, rejected an application the detained Deputy Commissioner of Police, DCP, Abba Kyari, filed to quash the drug trafficking charge the National Drug Law Enforcement Agency, NDLEA, preferred against him.
The court, in a ruling that was delivered by trial Justice Emeka Nwite, said it found no reason to discontinue hearing on how Kyari who hitherto headed the Police Intelligence Response Team, IRT, and four other police officers, allegedly tampered with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
Justice Nwite dismissed as lacking in merit, a preliminary objection the embattled DCP filed to challenge the legal competence of the charge, which he said the court lacked the requisite jurisdiction to entertain.
The trial judge held that the court was adequately empowered by Section 251 of the 1999 Constitution, as amended, to hear drug-related offences brought under the NDLEA Act.
Meanwhile, Kyari had through his lawyer, Mr. Nureni Jimoh, SAN, maintained that the charge against him was legally defective.
He told the court that the charge was premature, stressing that Police had already commenced investigation on allegations against him and issued an interim report, before the NDLEA rushed him to court.
Kyari maintained that he could only be charged to court upon conclusion of the internal investigation by the police.
He 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, discipline judicial officers.
Therefore, he prayed the court to quash the charge and discharge him.
Interestingly, the NDLEA, through its Director of Legal Services, Mr. Sunday Joseph, urged the court to dismiss the objection which it argued was based on fundamental misconception of the law.
The agency argued that what it brought before the court was a criminal case for the violation of laws and not a disciplinary action for the infringement of Police Service Rules.
“It was police itself that brought this matter to us, knowing that it has no power to handle cases that fall under the NDLEA Act.
The court had earlier denied the Defendants bail and maintained the order they should be remanded at Kuje prison.
