Court throws out Abba Kyari’s application to void charges against him

Key Highlights

Abba Kyari’s application to dismiss the charges against him by the National Drug Law Enforcement Agency (NDLEA) has been dismissed by a Federal High Court in Abuja.
Kyari was charged with 24 counts of cocaine trafficking, and along with three other co-defendants, he argued that the suit was incompetent and the court lacked jurisdiction.
The judge held that the court had jurisdiction and the powers of the Police Service Commission did not supersede those of the court, and consequently dismissed the application.

An Abuja Division of the Federal High Court has dismissed an application filed by Abba Kyari, the suspended Deputy Commissioner of Police, seeking to dismiss the charges against him.

The presiding judge, Justice Emeka Nwite, on Wednesday held that the court had the jurisdiction to hear drug-related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act.

Kyari was charged to court by the National Drug Law Enforcement Agency (NDLEA) on 24 count charges bordering on cocaine trafficking.

Abba Kyari’s application

Kyari and three other co-defendant in an application asked the court to dismiss the charges proffered against him by NDLEA.

They contended that the Nigerian Police Council and Police Service Commission did not subject them to internal disciplinary action as provided by the constitution.

They argued that the suit was incompetent as the NDLEA failed to await an outcome of a disciplinary action against them by the Police before charging them to court.

They also contended that the court lacked the jurisdiction to entertain the charges against them.

Applicants in the suit include : Kyari, ACP Sunday Ubua, Inspectpr Simon Agirigba and Inspector John Nuhu.

How the court ruled

The presiding judge who dismissed the application held that the powers of the Police Service Commission did not supersede the powers of the Federal High Court and the court had the jurisdiction to entertain the matter.

The judge said Section 251(2)(F) and (3) of the Constitution empowers the court to hear and determine the charge. Consequently, the judge dismissed the suit.

What you should know

In September 2022, NDLEA filed a fresh 24 count charges against Kyari accusing him of not disclosing ownership of his properties in different states.
Kyari was first arraigned In March 2022 by the NDLEA on eight count charges of alledged drug trafficking.
NDLEA accused him of dealing in 17.55 kilograms of cocaine between January 19 and 25 2022.
NDLEA also charged Kyari with obstruction of justice through attempted bribery of NDLEA officers.
He was subsequently suspended by the Police.
Upon arraignment, he pleaded not guilty to the charges against him and applied to be granted bail but was denied by the trail judge.