Suspended Deputy Commissioner of Police, DCP Abba Kyari, has filed a fresh application to strike out the drug trafficking charges preferred against him by the National Drug Law Enforcement Agency, (NDLEA).
In the application, Kyari’s lawyers led by Ikpeazu Ikpeazu, SAN, is arguing that the alleged offence against his client was allegedly committed during a police investigation, and the Police Service Commission, (PSC), has the authority to discipline the offenders.
He says 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 the same period.
The senior lawyer in his application added that the internal disciplinary action of the Police Service Commission, provided by the Constitution against Abba Kyari and other applicants, is a condition precedent before they can be charged by any other security 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.
“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.
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It adds that Abba Kyari and others have not waived their rights under the police disciplinary control, which has begun before the instant charge was filed.”
Abba Kyari is facing drug trafficking charges, brought against him by the National Drug Law Enforcement Agency, (NDLEA).
(Editor: Ifeanyi Mark)
