Court dismisses Abba Kyari’s plea seeking to void charge against him | The Guardian Nigeria News - Nigeria and World News

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A Federal High Court, Abuja, on Wednesday, dismissed an application filed by suspended DCP Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency (NDLEA)’s charge against him.

Suspended Nigerian Commissioner of Police, Abba Kyari appeared at the Federal High Court over offences of illegal cocaine dealing at the Federal High Court in Abuja, Nigeria on March 7, 2022. – A high-profile Nigerian police commander once dubbed the country’s “super cop” pleaded not guilty to drug smuggling charges on Monday a month after he was arrested in spectacular fall from grace.

The News Agency of Nigeria reports that Justice Nwite had on Jan. 18, adjourned for ruling in the application filed by Kyari and three other co-defendants in the suit bordering on a drug offence.They had prayed the court to quash the criminal charge against them, in fresh motions on notice filed by their lawyers on the grounds that the suit was incompetent.

They said that the failure of the complainant to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction to entertain the charge.He argued that most of the cases cited by lawyers to the defendants did not relate with Police Service Act, saying the instant charge against the defendant was a criminal matter.

Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the FHC.According to the judge, Section 251 and of the Constitution confers the court the power to hear and determine the charge.

 

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