NDLEA files eight-count charge against Abba Kyari

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3 years ago

HOURS after the Federal Government filed an application for extradition of the suspended Commander of the Police Intelligence Response Team (IRT), DCP Abba Kyari, the National Drug Law Enforcement Agency (NDLEA) on Thursday, slammed an eight-count charge on the suspended Kyari.

On Wednesday, the Federal Government, through the Office of the Attorney-General of the Federation (AGF), had filed the extradition application marked: FHC/ABJ/ CS/249/2022, Act, as part of Nigeria government’s approval of the request by the United States for Kyari’s extradition.

Meanwhile, in NDLEA’s charge before a Federal high Court sitting in Abuja, on Thursday, marked FHC/ABJ/ CR/57/2022, and signed by its Director, Prosecution and Legal Services, the agency charged Kyari for criminal offences bordering on trafficking in hard drugs.

Those charged along with Abba Kyari are Mr Joseph Sunday, Assistant Commissioner of Police (ACP) Sunday Ubua; Assistant Superintendent of Police (ASP) Bawa James; Inspector Simon Agirigba; Inspector John Nuhu; Chibuinna Patrick Umeibe and Emeka Alphonsus Ezenwanne.

In count one, Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all of Intelligence Response Team (IRT) were said to have between January 19 and 25 dealt in 17.55 kilogrammes of cocaine and committed an offence contrary to and punishable under section 14 (b) of the NDLEA Act, CAP 30 Laws of the Federation of Nigeria 2004.

Count two reads: “That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, Adult on or about January 19 to 25, 2022, at Abuja within the jurisdiction of this Honourable Court dealt in 17.55 kilogrammes of cocaine without lawful authority and thereby committed an offence contrary to and punishable under section 11(c) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.

“That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, all male, Adult on or about January 19 to 25, 2022, within the office of the Inspector-General of (IGP) IRT, Abuja, within the jurisdiction of this Honourable Court conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully tamper with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphons Ezenwannne in the custody of the IGP IRT, by removing and disposing 17.55 kilogrammes of the cocaine and by substituting same with some other substance and thereby committed an offence contrary to and punishable under section 14(b) of the NDLEA ACT CAP N30 Laws of the Federation 2004.”

In count four, the defendants were accused of unlawfully tampering with 21.35 kilogrammes of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody, by removing and disposing 17.55 kilogrammes of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National NDLEA ACT CAP N30 Laws of the Federation 2004.

Count five reads, “That you Chibunna Patrick Umeibe, male adult and Emeka Alphonsus Ezenwanne, male adult on or about the January 19 at Akanu Ibiam International Airport, Enugu Nigeria, within the jurisdiction of this Honourable Court without lawful authority imported 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the NDLEA ACT CAP N30 Laws of the Federation of Nigeria 2004.

“That you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male adult on or about the January 25 at Akanu Ibiam International Airport, Enugu, Nigeria within the jurisdiction of this Court without lawful authority imported 21.35 kilogrammes of cocaine and thereby committed an offence contrary to an punishable under section 11(a) of the NDLEA ACT CAP N30 Laws of the Federation of Nigeria 2004.”

They were all accused in count seven of possessing 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 11(d) of the NDLEA Act Cap N30 Laws of the Federation of Nigeria 2004.

Count eight reads, “That you DCP Abba Kyari, on or about January 25, 2022, at a restaurant on Port Harcourt Crescent, Area 11, Garki Abuja, within the jurisdiction of the court, attempted to obstruct the Agency and its authorised officers in the exercise of their duties by offering the sum of $61,400.00 USD to a senior officer of the Agency as inducement to prevent the testing of the 17.55 kilogrammes of substance used to replace the cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne and thereby committed an offence contrary to section 23 and punishable under section 49 of the NDLEA Act Cap N30 Laws of the Federation of Nigeria 2004.”

The court fixed Monday, March 7 for the arraignment. Meanwhile, Kyari’s extradition in the United States will see him stand trial for conspiracy to commit wire fraud, money laundering and identity theft.

He was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi, to commit the crime.

A grand jury, on April 29, 2021, had filed an indictment against Kyari with the approval of the US District Court for the Central District of California, and the court issued a warrant of arrest for him.

Against this development, the AGF and Minister of Justice, Abubakar Malami filed the application before the Chief Judge of the FHC, Justice John Tsoho, for Kyari’s extradition. The AGF said the application followed a request by the Diplomatic Representative of the US Embassy in Abuja.

It is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment.”

In the affidavit filed in support of the extradition application, the AGF stated that he was satisfied that provision is made by the laws of the US such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.

He added that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial.

The AGF also expressed satisfaction that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice. He added that Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions.”

The AGF said having regards to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him. Malami said he was also satisfied that Kyari had been accused of the offence for which his surrender is sought.

He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence. According to court documents, the three countcharge marked: 2:21-cr00203-RGK, was filed on April 29, 2021, before the US District Court for the Central District of California, USA. The court has fixed Tuesday, March 8, for the hearing of the application.