The Federal High Abuja has dismissed an application filed by suspended deputy Commissioner of Police, Abba Kyari challenging the jurisdiction of the court to try him.
Delivering ruling on Wednesday March 22,2023, Justice Emeka Nwite held that the powers of enquiries of the Police Service Commission as claimed by Kyari do not supersede the powers of the federal high court.
He held that the federal high court has the power to hear drug-related offenses as enshrined in the constitution and the NDLEA ACT.
The court noted that the subject matter of the case is within jurisdiction of the court. Section 251 of the constitution confers the court the powers to hear and determine the charge.
Abba Kyari had told the court that the charges against him were premature, insisting that the NDLEA ought to have allowed the Police to exhaust its internal machinery before it instituted the action.
He told the court that the Police had already commenced an investigation into allegations against him and issued an interim report.
Kyari, maintained that he could only be charged to court upon conclusion of the internal investigation by the Police.
He argued that the Police Service Commission, PSC, has similar powers to investigate and discipline erring Police officers in line with the Police Act & Regulations, the same way the National Judicial Council, NJC, discipline judicial officers.
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