Court throws out Abba Kyari’s application to dismiss charges against him
A Federal High Court sitting in Abuja has dismissed an application by a suspended Commissioner of Police, Abba Kyari, praying the court to strike out all charges against him.
The Presiding Judge, Justice Emeka Nwite on Wednesday, dismissed the application stating that the court has the exclusive right and Jurisdiction to hear drug-related cases as enshrined in the Constitution of the Federal Republic of Nigeria and the National Drug Law Enforcement Agency (NDLEA) Act.
Justice Nwite held that Section 251 of the constitution confers the court the powers to hear and determine the charge.
Abba Kyari, the former Head of Police Intelligence Response Team, had told the court that the NDLEA ought to have allowed police to exhaust its internal machinery before it instituting action against him.
He maintained that the Police Service Commission, PSC, has the 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, the judge ruled that the powers of the Police Service Commission do not supersede the powers of the Federal High Court.
