The detained Deputy Commissioner of Police, DCP, Abba Kyari, who is facing drug trafficking charge, has filled a motion before the Abuja Federal High Court to quash the charge against him, maintaining that it was legally defective.
In his motion, Abba Kyari held that the charge was premature, insisting that the NDLEA ought to have allowed police to exhaust its internal machinery before it instituted the action, as
the Security agency had already commenced investigation on allegations against him.
Kyari, maintained that he could only be charged to court upon conclusion of the internal investigation by the police and therefore, urged the court to quash the charge and discharge him.
Meanwhile, counsel for the NDLEA, Sunday Joseph, urged the court to dismiss the Defendants’ preliminary objections which it argued was based on fundamental misconception of the law.
Also read: DCP Abba Kyari in fresh application to strike out alleged drug deal case
In a counter-affidavit it filed before the court, NDLEA, argued that what it brought before the court was a criminal case for the violation of laws and not a disciplinary action for the infringement of police service rules.
The agency therefore urged the court to dismiss the application and proceed to hearing of the Substantive matter.
Justice Emeka Nwite adjourned the matter till March 22 for ruling after listening to both parties in the matter.
Kyari, who headed the Police Intelligence Response Team, IRT, is on trial for allegedly tampering with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
He is answering to an eight-count charge the NDLEA preferred against him and four members of his team; ACP Sunday Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
Editor: Ena Agbanoma
