The detained Deputy Commissioner of Police, Abba Kyari who is facing drug trafficking charge, has filed a motion before the Federal High Court Abuja to quash the charge against him, maintaining that it was legally defective.
In his motion, Kyari held that the charge was premature, insisting that the National Drug Law Enforcement Agency (NDLEA) ought to have allowed the police to exhaust its internal machinery before it instituted the action, as the security agency had already commenced investigation on allegations against him.
Kyari maintained that he could only be charged to court upon conclusion of the internal investigation by the police and therefore, urged the court to quash the charge and discharge him.
Meanwhile, counsel for the NDLEA, Sunday Joseph, urged the court to dismiss the defendants’ preliminary objections which it argued was based on fundamental misconception of the law.
In a counter-affidavit it filed before the court, the NDLEA argued that what it brought before the court was a criminal case for the violation of laws and not a disciplinary action for the infringement of police service rules.
The NDLEA further argued that if it was the duty of police to investigate or prosecute drug related cases, it would not have transferred such cases to it.
After listening to both parties, Justice Emeka Nwite adjourned the matter to March 22 for ruling.