A Federal High Court sitting in Abuja has dismissed an application filed by the suspended Deputy Commissioner of Police, Abba Kyari and three others asking that the charge against them be quashed.
Kyari and others had argued that the charge against them was premature, insisting that the National Drug Law Enforcement Agency (NDLEA) ought to have allowed their employer, the Nigeria Police Force (NPF), to exhaust its internal disciplinary machinery before it brought them before the regular court.
Their lawyer, Nureini Jimoh (SAN) had, while arguing the application, prayed the court to quash the charge and discharge clients on the grounds that the defendants, who are serving police officers, were yet to be subjected to the internal disciplinary measures of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as required by law.
Ruling on Wednesday, Justice Emeka Nwite held that the powers of the Police Service Commission do not supersede those of the Federal High Court.
Justice Nwite further held that the Federal High Court has the power to hear and determine cases on drug-related offenses as enshrined in the Constitution and the NDLEA Act.
The judge was of the view that the subject matter of the case was within jurisdiction of his court.
He noted that Section 251 of the Constitution confers the court the powers to hear and determine the charge.
The NDLEA is prosecuting Kyari and four members of the Intelligence Response Team (IRT) of the Nigeria Police Force – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.
Kyari and others were charged 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 drug dealers.
The former IRT boss was also charged alone with attempting to obstruct NDLEA officials in the conduct of their activities by offering them bribe.