Court rules in Abba Kyari’s plea seeking to void charge against him

Court denies Abba Kyari’s plea seeking to void charge against him

 

On Wednesday, a Federal High Court in Abuja denied the motion filed by suspended DCP Abba Kyari to dismiss the National Drug Law Enforcement Agency’s (NDLEA) charge against him.

 

According to the constitution of the Federal Republic of Nigeria and the NDLEA Act, Justice Emeka Nwite ruled that the court had the exclusive authority and jurisdiction to hear cases involving illegal drugs.

 

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On January 18, Justice Nwite adjourned ruling on the application filed by Kyari and three other co-defendants in a drug-related lawsuit.

 

Kyari, ACP Sunday Ubia, Insp Simon Agirigba, and Insp John Nuhu are the applicants.

 

In new motions on notice filed by their attorneys, they pleaded with the court to dismiss the criminal charge against them on the grounds that the case lacked merit.

 

As stipulated by the constitution, they urged the court to stop their trial because they had not been subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC).

 

They argued that the failure of the complainant (NDLEA) to await disciplinary action rendered the charge incompetent and deprived the court of the authority to hear the charge.

 

Mr. Joseph Sunday, counsel for the NDLEA, opposed the application.

 

He argued that the majority of the cases cited by defence attorneys did not pertain to the Police Service Act and that the current charge against the defendant was a criminal offence.

 

He argued that the defendants had not, via affidavit or legal argument, established any condition precedent required for the filing of this charge in their applications.

 

“In this regard, their application must be denied for lack of factual evidence,” he said.

 

Sunday urged the court to deny the application and move forward with the hearing.

 

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Justice Nwite ruled that the Police Service Commission’s powers did not supersede those of the Federal Housing Commission.

 

He stated that the case’s subject matter fell within the court’s jurisdiction.

 

Sections 251(2)(F) and (3) of the Constitution, according to the judge, grant the court the authority to hear and decide the charge.

 

Recall that on September 5, 2022, the NDLEA filed a new lawsuit with the federal high court, accusing Kyari of failing to disclose his assets.

 

According to the 24 new charges, Mr. Kyari failed to declare his ownership of various properties in the Federal Capital Territory, Abuja, and Maiduguri, according to the NDLEA.

 

The anti-drug agency also reported that more than N207 million and 17,598 Euro were discovered in his accounts at three different banks.

 

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