The suspended Deputy Commissioner of Police, DCP, Abba Kyari, has filed an application before a Federal High Court in Abuja, seeking to quash the criminal charges levelled against him by the National Drug Law Enforcement Agency, NDLEA.
The former commander, Intelligence Response Team, claimed that his trial should not proceed because he has not been subjected to the internal disciplinary action of the Nigeria Police Council and the Police Service Commission, as provided by the constitution.
Kyari, DCP Sunday Ubuha, ASP Bawa James, and Inspectors Simon Agirigba and John Nuhu, are currently standing trial on a five-count charge for drug trafficking.
A motion on notice seeking to strike out the charges dated October 12, 2022, was filed last Thursday by Kyari’s legal team led by Dr Ikpeazu Ikpeazu (SAN).
This is coming ahead of the trial of the embattled DCP and four co-accused persons scheduled for tomorrow, Thursday and Friday before Justice Emeka Nwite of the Federal High Court, Abuja.
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An affidavit in support of the motion deposed to by Kyari’s younger brother, Mohammed, explained that the detained police officers were unable to stand trial before the Force Disciplinary Committee because they were held by the NDLEA.
The applicants’ lawyers also attached a written address where they urged the court to resolve the sole issue in favour of the embattled cops.
Kyari’s application was to prevent the prosecution witnesses, Chibunna Umeibe and Emeka Ezenwanne, from opening up on his alleged drug trafficking operations.
Umeibe and Ezenwanne, who had earlier been summarily convicted for drug dealing, will testify against Kyari, Ubuha, James, Agirigba and Nuhu when the hearing commences tomorrow.
It was gathered that NDLEA would oppose the application which has also been fixed for hearing on Wednesday ahead of the drug case against the applicants.
Kyari had earlier filed a bail application which was denied by the court for lack of sufficient documents and evidence.
