ABUJA– 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.
He dismissed Kyari`s contention that the NDLEA ought to have allowed Police to exhaust its internal investigative/disciplinary mechanisms, before it instituted the court action.
Kyari faces eight indictments by the NDLEA against him and four members of his IRT team. ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba, Insp. John Nuhu.
He had, through his lawyer, Mr. Nureni Jimoh (SAN), claimed that the charges against him were false.
He said in court that the charges were premature, stressing that the police had already started investigating the allegations against him and issued an interim report before the NDLEA took him to court. bottom.
Kyari claimed that he would only be brought to justice after an internal police investigation was completed.
He argued that the Police Service Commission (PSC) has similar powers to investigate and discipline erring police officers in accordance with the Police Act and Regulations.
As a result, he asked the court to drop the charges and release him.
His motion has also received the other defendants and asked the court to drop further cases against them.
However, the NDLEA, through its Chief Legal Officer, Sunday Joseph, asked the Court to dismiss the appeal based on a fundamental misunderstanding of the law.
The agency argued that what it brought to court was a criminal case for violation of the law, not disciplinary action for violating police code of conduct.
“It was the police themselves who brought this matter to us, knowing they were not authorized to handle cases falling under the NDLEA Act. It's not included. That's what we classify as manipulation, and that's the charges facing the defendant in this court," the prosecutor added. He is said to have illegally altered 21.25kg worth of cocaine seized from two drug traffickers, Umeibe and Ezenwane, but is also accused of handling 17.55kg worth of cocaine.
police officer said that from 19 January 2022 he committed crimes at the Inspector General of Police (IGP) IRT in his office in Abuja between 25 January and under the supervision of ASP John Umor (now fugitive). allegedly guilty. b) His CAP N30 Nigeria Federal Act 2004 on the NDLEA Act.
The court had previously denied the defendants bail and ordered pretrial detention in Kuje Prison.