Abba Kyari to face trial as Court dismisses application to void charges

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The federal High courts sitting in Abuja has dismissed an application filed by suspended Deputy Commissioner of police Abba Kyari challenging the jurisdiction of the courts to try him.

Delivering ruling, Justice Emeka Nwite held that powers of the Police Service Commission do not supersede the powers of the federal High courts.

Personnel of the National Drug law enforcement agency, the federal government is clearly impressed with the performance of the ndle under the leadership of General Buba Marwa

The federal High Court says it has the power to hear drug-related offenses as enshrined in the Constitution and the end the daily Act.

The court notes about the subject matter of the case against suspended Deputy Commissioner of police is within the jurisdiction of the federal High courts.

Section 251 of the Constitution confers the court the power to hear and determine the charges brought before it.

Abba Kyari had told the court that the charges against him were premature insisting that the NDLEA ought to have allowed the police to have exhaust its internal Machinery before it instituted the action.

He told the court that the police had already commenced an investigation into allegations against him and issued an interim report.

Mr Kyari maintained that he could only be charged to court upon conclusion of the interim investigation by the police.

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He argued that the police Service Commission has similar paths to investigate and discipline erring police officers in line with the police act and regulations, the same with the national judicial Council disciplined judicial officers.

Justice Nwite said it is wrong to give the Police Service Commission the same status of Provisions with the national judicial Council.

Mr Kyari who is a former head of intelligence response team of the Nigerian Police Force is facing prosecution by the National Drug law enforcement agency.

The matter was subsequently adjourned to 16th March for continuation of trial.

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