A federal high court in Abuja has dismissed an application filed by Abba Kyari, suspended deputy commissioner of police (DCP), challenging the jurisdiction of the court to try him.
Kyari is standing trial alongside four members of his disbanded team — Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu — on an eight-count charge of drug trafficking.
Kyari, through his lawyer, Nureni Jimoh, submitted that the charge against him was legally defective.
He said the charge was premature, adding that the NDLEA ought to have allowed police to exhaust its investigation and internal disciplinary action before instituting a suit against him.
He told the court that the police had already commenced the probe of allegations against him and issued an interim report.
Kyari further argued that the Police Service Commission (PSC) has similar powers to investigate and discipline erring police officers in line with the Police Act and regulations, the same way the National Judicial Council (NJC) disciplines judicial officers.
Consequently, he urged the court to quash the charge and discharge him.
However, ruling on the application on Wednesday, Emeka Nwite, presiding judge, held that the powers of the PSC do not supersede the powers of the federal high court.
“The federal high court has the power to hear drug-related offences as enshrined in the constitution and the NDLEA Act,” the judge held.
“Section 251 of the constitution confers the court the powers to hear and determine the charge.”
