The application filed by the suspended Deputy Commissioner of Police (DCP), Mr Abba Kyari, to throw out the charges against him has been rejected by the Federal High Court in Abuja.
The embattled cop had challenged the court’s jurisdiction to entertain the drug-related charges levelled against him by the National Drug Law Enforcement Agency (NDLEA).
But Justice Emeka Nwite, in his ruling on Wednesday, dismissed Mr Kyari’s plea, stating that the court has the exclusive right and jurisdiction to hear the case.
Recall that the NDLEA dragged the former head of the Intelligence Response Team of the Nigeria Police Force and others before the court.
The other four members of the IRT accused of being involved in drug-related offences arraigned before the court are ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.
They were accused of conspiring to deal in 17.55kg of cocaine without lawful authority. They were also alleged to have conspired to tamper with cocaine and unlawfully tamper with the 21.35kg of cocaine seized from two convicted drug dealers.
But Mr Kyari asked the court to dismiss the suit against him, arguing that the charges were premature as the NDLEA ought to have allowed the police to exhaust its internal machinery before taking an action.
According to him, authorities of the police had already ordered a probe into allegations against him, with an interim report released.
He argued that the Police Service Commission (PSC) has similar powers to investigate and discipline erring police officers in line with the Police Act & Regulations, the same way the National Judicial Council (NJC) disciplines judicial officers.
However, Justice Nwite was not moved by the arguments of the suspect, informing him that the powers of the PSC do not supersede the powers of the Federal High Court