Abba Kyari, the suspended deputy commissioner of police
(DCP), has filed a fresh application to squash the drug trafficking charges
preferred against him by the National Drug Law Enforcement Agency (NDLEA).
Sunday Ubuah and John Nuhu, suspended police officers, are
also listed as applicants in the motion.
The suspended DCP has been standing trial for an alleged
drug trafficking offence since the beginning of this year.
NDLEA declared Kyari wanted “over his involvement in a 25 kg
cocaine deal” on February 14.
In the motion on notice seeking to strike out the charges,
Kyari’s lawyers led by Ikpeazu Ikpeazu, a senior advocate of Nigeria (SAN),
argued that the alleged offence was committed during a police investigation and
the Police Service Commission (PSC) has the authority to discipline the
offenders.
“The five-count charge is similar or related to allegations
previously made by the applicants’ Police Service Commission in respect of
disciplinary action against Police officers, and it was for the same subject
matter and for the same period,” the application reads.
“This charge against the applicants’ affected the completion
of this constitutional procedure.
“Internal disciplinary action of the Police Service
Commission provided by the Constitution against the applicants is a condition
precedent before the applicants can be charged by any other security agent/agency.
“The disciplinary action by the Police Service Commission
commenced earnestly and timely. The applicants had previously answered a query
issued to them by the police authority before the charge herein was filed
against the applicants.
“I know as a fact that the Police Service Commission has
through the office of the IGP commenced the disciplinary procedure against the
applicants and other defendants prior to the institution of this charge
“Without subjecting the applicants to the Police disciplinary
procedures that are constitutionally set down, the applicants are charged
before the federal high court with counts 1, 2, 3, 4 and 8 under the NDLEA act
and alleged to have committed the offences in the course of the performance of
their duties as police officers.
“Failure of the
complainant herein to await the disciplinary action against the applicants
renders the charge incompetent and deprives this court of jurisdiction to
entertain this charge.
“The applicants have not waived their rights under the
police disciplinary control which has begun before the instant charge was
filed.”
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