A Federal High Court in Abuja on Wednesday has dismissed an application by a suspended Deputy Commissioner of Police, Abba Kyari, seeking to strike out charges against him.
In his ruling, Justice Emeka Nwite Kyari dismissed the 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.
Section 251 of the constitution confers the court the powers to hear and determine the charge, Justice Nwite held.
Kyari had told the court that the charges against him were premature, insisting that the NDLEA ought to have allowed police to exhaust its internal machinery before it instituted the action.
He told the court that the Police had already commenced an investigation into allegations against him and issued an interim report.
Kyari, maintained that he could only be charged in court upon the conclusion of the internal investigation by the police.
He argued that the 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.
But the judge stated that the powers of the Police Service Commission do not supersede the powers of the Federal High Court.
Kyari, who is a former head of the Intelligence Response Team of the Nigeria Police Force is facing prosecution by the National Drug Law Enforcement Agency.
He and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu were charged before a Federal High Court in Abuja with conspiracy to deal in 17.55kg of cocaine.
They were also charged with 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
