Court to rule March 22 on Abba Kyari, others' request to quash charge

• Published date: 19 January 2023
• Publication title: Nigeria - The Nation

AFederal High Court in Abuja has fixed March 22 to rule on an application filed by the suspended (Deputy Commissioner of Police (DCP) Abba Kyari and three other suspended police officers.

They are challenging the competence of criminal charges on which they are being tried.

Justice Emeka Nwite chose the date for ruling after listening to submissions by lawyers to the prosecution and defence.

The National Drug Law Enforcement Agency (NDLEA) is prosecuting Kyari and four members of the Intelligence Response Team (IRT) of the Nigeria Police Force - ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.

Kyari and others are charged with conspiracy to deal in 17.55kg of cocaine; dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from Umeibe and Ezenwanne.

The former IRT boss was also charged alone with attempting to obstruct NDLEA officials in the conduct of their activities by offering them bribe.

Arguing the application yesterday, lead defence lawyer, Nureni Jimoh, SAN, prayed the court to quash the charge and discharge clients on the grounds that the defendants, who are serving police officers, were yet to be subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as required by law.

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The senior advocate contended that the failure on the part of the complainant (NDLEA) to await the outcome of the disciplinary mechanisms of the NPF in relation to his clients has rendered the charge incompetent and denied the court jurisdiction to proceed with the trial.

He argued that the utilisation of...