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.
Justice Emeka Nwite, in a ruling, held that the court had the exclusive right and jurisdiction to hear drug-related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act.
The defendants 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 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), as provided by the constitution.
They said that the failure of the complainant (NDLEA) to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction to entertain the charge.
But the NDLEA counsel, Mr Joseph Sunday, opposed the application and urged the court to dismiss the application and proceed to the hearing of the matter.
Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the Federal High Court.