Court denies Abba Kyari’s request to have drug charges dropped

The Federal High Court’s Abuja Division has dismissed an application filed by suspended police chief Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency’s charge against him.

Justice Emeka Nwite ruled on Wednesday that the court had the exclusive right and jurisdiction to hear drug-related cases, as enshrined in the Federal Republic of Nigeria’s constitution and the NDLEA Act.

Mr Nwite had adjourned the case for a ruling in the application filed by Mr Kyari and three other co-defendants in the drug-related suit on January 18.

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

They had asked the court in fresh motions on notice filed by their lawyers to quash the criminal charge against them because the suit was incompetent, and to stop their trial because they had yet to be subjected to the internal disciplinary action of the Nigeria Police Council and the Police Service Commission, as provided by the constitution.

They claimed that the failure of the NDLEA to await the disciplinary action against them rendered the charge ineffective and deprived the court of jurisdiction to hear it.

However, NDLEA counsel Joseph Sunday objected to the application.

Mr. Sunday contended that the majority of the cases cited by lawyers to the defendants had nothing to do with the Police Service Act, and that the current charge against the defendant was a criminal matter.

He contended that the defendants had not established any condition precedent required for the filing of this charge through their applications, either by affidavit or legal argument.

“To that extent, their application must fail and be devoid of any factual evidence,” NDLEA counsel stated.

Mr. Sunday urged the court to reject the application and proceed with the hearing.

Mr Nwite, who delivered the decision, held that the powers of the PSC did not supersede the powers of the federal high court.

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

The judge claims that section 251(2)(F) and (3) of the constitution give the court the authority to hear and decide the charge.

On September 5, 2022, the NDLEA accused Mr Kyari of failing to disclose assets in a new suit filed at the federal high court.

The NDLEA said in the new 24 charges that Mr Kyari failed to declare his property ownership in various Federal Capital Territory, Abuja, and Maiduguri.

The anti-drug agency also stated that over N207 million and €17,598 were discovered in his accounts at three different banks.