Abba Kyari aka Super cop, Abba Kyari has filed fresh application to strike out his case
The National Drug Law Enforcement Agency has submitted a new motion to dismiss the drug trafficking charges brought against suspended deputy commissioner of police Abba Kyari (NDLEA).
Ikpeazu Ikpeazu, his attorney, stated in a motion that the alleged crime for which his client is being prosecuted was committed during a police investigation and that the Police Service Commission (PSC) has the power to punish criminals.
“This charge against the applicants’ affected the completion of this constitutional procedure.
The application adds that the internal disciplinary action of the Police Service Commission provided by the Constitution against Abba Kyari and other applicants is a condition precedent before they 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 offenses 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 court notice read in part
It further stated that Abba Kyari and others had not relinquished their rights to be subject to police disciplinary action, which had already started before the current case was brought.