The jailed Deputy Commissioner of Police, DCP, Abba Kyari, who is facing a drug trafficking accusation, contested the National Drug Law Enforcement Agency’s (NDLEA) authority to prosecute him yesterday.
Kyari, who previously led the Police Intelligence Response Team, IRT, is accused of tampering with cocaine confiscated from two convicted drug dealers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
He is facing an eight-count accusation against him and four members of his team, including ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba, and Insp. John Nuhu.
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On Wednesday, when the case was resumed, Kyari, through his counsel, Mr Nureni Jimoh, SAN, contended that the charge against him was legally flawed.
He told the court that the accusation was premature, and that the NDLEA should have let police exhaust their internal resources before taking action.
He informed the court that the Police had already begun an inquiry into the claims leveled against him and had provided an interim report.
Kyari said that he could only be charged in court once the police’s internal investigation was completed.
He contended that the Police Service Commission, PSC, has the same authority as the National Judicial Council, NJC, to investigate and sanction erring police officers in accordance with the Police Act and Regulations.
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As a result, Kyari petitioned the court to dismiss the indictment and release him.
His plea was also supported by the other Defendants, who asked the court to dismiss the case against them.
Meanwhile, the NDLEA requested the court to dismiss the Defendants’ preliminary objections, which it claimed were founded on a fundamental misunderstanding of the law, through its Director of Legal Services, Mr Sunday Joseph.
“In a counter-affidavit it submitted before the court, NDLEA, maintained that what it placed before the court was a criminal case for the violation of laws and not a disciplinary action for the infringement of police service standards.
It told the court that, unlike the Armed Forces Act, which provided for the institution of a Court Martial, the Police Act specifically declared that police officers are not immune from criminal prosecution.
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The NDLEA further claimed that “if it were the police’s responsibility to investigate or prosecute drug-related offences, it would not have outsourced such cases to it.” “It was the police themselves who presented this situation to us, knowing that they had no authority to handle matters under the NDLEA Act.
“Powers of police does not include selling of hard drugs that were seized. That is what we classify as tampering and that is the charge the Defendants are facing before this court.”
“It is the Police Act itself that says that police officers can be charged. The 1st Defendant, Kyari, was even on suspension when he committed the offence. “”The Applicants have not by way of an affidavit or legal argument, established any condition precedent required for the filing of this charge. To that extent, their application must fail as it is misconceived and bereft of any legal or factual structure.
“We urge my lord to dismiss the application and proceed to hear of the matter”, NDLEA’s lawyer submitted.“After he had listened to both parties, trial Justice Emeka Nwite adjourned the matter till March 22 for a ruling.
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The NDLEA said that Kyari and his team illegally tampered with 21.25 kilograms of cocaine seized from two convicted drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane, while also accusing them of trading in cocaine worth 17.55 kilos.
It was alleged that the officers committed the crime between January 19 and 25, 2022, at the office of the Inspector-General of Police (IGP) IRT, Abuja, in collusion with one ASP John Umoru (now at large), in violation of section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.”
The court had already refused the Defendants’ bail while ordering their custody at Kuje Prison.
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