Abba Kyari, the suspended deputy commissioner of police (DCP), has filed a fresh application to squash the drug trafficking charges preferred against him by the National Drug Law Enforcement Agency (NDLEA).
Sunday Ubuah and John Nuhu, suspended police officers, are also listed as applicants in the motion seen by TheCable.
The suspended DCP has been standing trial for an alleged drug trafficking offence since the beginning of this year.
NDLEA declared Kyari wanted “over his involvement in a 25 kg cocaine deal” on February 14.
In the motion on notice seeking to strike out the charges, Kyari’s lawyers led by Ikpeazu Ikpeazu, a senior advocate of Nigeria (SAN), argued that the alleged offence was committed during a police investigation and the Police Service Commission (PSC) has the authority to discipline the offenders.
“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 for the same period,” the application reads.
“This charge against the applicants’ affected the completion of this constitutional procedure.
“Internal disciplinary action of the Police Service Commission provided by the Constitution against the applicants is a condition precedent before the applicants can be charged by any other security agent/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.
“I know as a fact that the Police Service Commission has through the office of the IGP commenced the disciplinary procedure against the applicants and other defendants prior to the institution of this charge
“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.
“The applicants have not waived their rights under the police disciplinary control which has begun before the instant charge was filed,” AYE.
