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First round loss for Abba Kyari due to significant ruling against him by the federal supreme court

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Emmynet24


 Abba Kyari, a suspended deputy commissioner of police (DCP), filed a motion with a federal high court in Abuja contesting the court's authority to try him. The application was dismissed.



On an eight-count drug trafficking accusation, Kyari is on trial with four other members of his disbanded team: Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu.


Through Nureni Jimoh, Kyari's attorney, argued that the accusation against him was legally flawed.


He argued that the accusation was unfounded and that the NDLEA should not have filed a lawsuit against him before the police had completed their investigation and taken any internal disciplinary action.

The police had already started looking into the charges against him, he informed the court, and had already produced an interim report.

Kyari further stated that, similarly to how the National Judicial Council (NJC) punishes judicial officers, the Police Service Commission (PSC) has the authority to look into and penalize incompetent police employees in accordance with the Police Act and regulations.

He therefore pleaded with the court to drop the accusation and free him.


Emeka Nwite, the sitting judge, found that the PSC's authority does not trump that of the federal high court in his decision on the application on Wednesday.


The judge ruled that the NDLEA Act and the constitution both grant the federal high court the authority to examine cases involving drug-related offenses.


The court has the authority to hear the charge and make a decision under Section 251 of the Constitution.

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