From Godwin Tsa, Abuja
The suspended Deputy Commissioner of Police, Abba Kyari, and three others have lost their legal battle to quash the charge bordering on the cocaine scandal against them.
Specifically, 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.
They were 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 two drug dealers. The prosecution equally accused them of attempting to obstruct NDLEA officials in the conduct of their activities by offering them bribes.
However, in their no-case submissions, the defendants had argued that the charge against them was premature, insisting that the NDLEA ought to have allowed their employer, the Nigeria Police Force (NPF), to exhaust its internal disciplinary machinery before it brought them before the regular court.
While arguing their application, their counsel, Nureini Jimoh (SAN) had, while arguing the application, 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 measures of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as required by law.
But, in his ruling, Justice Emeka Nwite held that the powers of the Police Service Commission do not supersede those of the Federal High Court.
Justice Nwite further held that the Federal High Court has the power to hear and determine cases on drug-related offences as enshrined in the Constitution and the NDLEA Act.