Abba Kyari, suspended deputy commissioner of police (DCP),
has challenged the powers of the National Drug Law Enforcement Agency (NDLEA)
to prosecute him.
Kyari is standing trial alongside four members of his team —
Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu — on an eight-count
charge of drug trafficking.
At the proceedings on Wednesday, Kyari, through his lawyer,
Nureni Jimoh, submitted that the charge against him was legally defective.
He said the charge was premature, adding that the NDLEA
ought to have allowed police to exhaust its investigation and internal
disciplinary action before instituting a suit against him.
He told the court that the police had already commenced
investigating allegations against him and issued an interim report.
Kyari further argued that the Police Service Commission
(PSC) has similar powers to investigate and discipline erring police officers
in line with the Police Act and regulations, the same way the National Judicial
Council (NJC) disciplines judicial officers.
Consequently, he urged the court to quash the charge and
discharge him.
Other defendants aligned themselves with Kyari’s submissions
and prayed the court to quash their charges.
Responding, Sunday Joseph, NDLEA counsel, said the
defendants’ preliminary objections are based on a fundamental misconception of
the law.
In a counter-affidavit it filed before the court, NDLEA
argued that what is before the court is a criminal case for the violation of
laws and not a disciplinary action for the infringement of police service
rules.
Joseph told the court that, unlike the Armed Forces Act that
makes provision for the establishment of a court martial to try erring
officers, the Police Act expressly states that police officers are not exempted
from any criminal liability under the law.
“It was police itself
that brought this matter to us, knowing that it has no power to handle cases
that fall under the NDLEA Act,” the agency said.
“Powers of police do not include selling of hard drugs that
were seized. That is what we classify as tampering and that is the charge the
defendants are facing before this court.
“It is the Police Act itself that says that police officers
can be charged. The first defendant, Kyari, was even on suspension when he
committed the offence.
“The applicants have not by way of an affidavit or legal
argument, established any condition precedent required for the filing of this
charge. To that extent, their application must fail as it is misconceived and
bereft of any legal or factual structure.
“We urge my lord to
dismiss the application and proceed to hear the matter.”
After he had listened to both parties, Emeka Nwite, the
presiding judge, adjourned the matter till March 22 for ruling.
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