Abba Kyari, the suspended deputy commissioner of police
(DCP), says the allegations against him by the National Drug Law Enforcement
Agency (NDLEA) are “trumped-up”.
On February 14, the NDLEA declared Kyari wanted “over his
involvement in a 25kg cocaine deal”. Hours later, the police announced his
arrest and subsequent transfer to the NDLEA custody.
The NDLEA’s revelation comes months after the Federal Bureau
of Investigation (FBI) indicted Kyari for conspiring with Hushpuppi, a
self-confessed international fraudster, in a $1.1 million scam targeting Qatari
business people.
In the suit marked FHC/ABJ/CS/182/22, Kyari accused the
NDLEA of assisting drug traffickers, alleging that a corrupt NDLEA officer
framed him after he went to demand compensation for a whistleblower who
provided information that led to the arrest of a suspect by the police
intelligence response team (IRT).
He alleged that the suspect has been bringing cocaine into
Nigeria from Ethiopia via all of the country’s airports “with the knowledge of
the NDLEA officers”.
Kyari, in an affidavit deposed to by one Muhammad Nur Usman,
who claimed to be his younger brother, told the court that NDLEA officers
usually cleared the suspect “and even escorted him from the airport to his
destination”.
“That on that fateful day, the suspect as usual shipped
drugs (cocaine) from Ethiopia to Enugu airport. The officer of NDLEA cleared
him within the airport, then officers of FIB-IRT arrested the suspect with the
help of information,” the affidavit reads.
“That before the informant accepted to work with the
officers of FIB-IRT, they both had an agreement to compensate the informant.
“That officers of FIB-IRT having noticed that officers of
NDLEA were the ones clearing the said suspect with his drugs (cocaine), they
immediately took the suspect to NDLEA and also reported those officers involved
in the act.
“That instead of the NDLEA to handle the matter accordingly
and bring their officers involved to book, they decided to frustrate the informant,
thereby refusing to compensate the informant.
“That it was at this juncture that the attention of the DCP
Abba Kyari was called, whom because the NDLEA officer involved is his friend,
decided to intervene for the purpose of compensating the informant.
“That the NDLEA officer who refused to compensate the
informant was the one who framed DCP Abba Kyari up on a trump-up allegation
that he was trying to bribe him.
“That the agent of the respondent (NDLEA) declared the
applicant wanted because of a mere allegation that he was trying to bribe an
NDLEA officer without sufficient proof.
“That the Nigerian police force, based on the allegation of
the respondent, arrested the applicant on the 12th day of February, 2022, and
handed over to the NDLEA.”
Kyari insisted that there was no proof to support the
allegation upon which he was arrested and detained.
“That the applicant is a decent police officer who has
distinguished himself in areas of serving his father’s land as a police officer,”
the document reads.
“That the applicant needs to be compensated and not to be
dragged about, receiving torture, degrading and inhuman treatment by anybody or
agency whatsoever.
“That there is no sufficient proof that the applicant has
committed any offence to warrant this torture, degrading and inhuman
treatment.”
KYARI DEMANDS N500m
DAMAGES, APOLOGY FROM FG
Based on the averments in the affidavit, Kyari is asking the
court for a declaration that his continued detention by the NDLEA since
February 12 without arraignment before any court, is in gross violation of his
fundamental human rights.
He also asked the court for an order that declaring him a
suspect and announcing him to the media “without giving him right to fair
hearing nor establishing a prima-facie case against him is illegal, unlawful
and an infringement on his fundamental right”.
He also sought a declaration claiming that the “torture,
degrading and inhuman treatment” meted out to him in NDLEA custody, and refusal
to grant him administrative bail, violates his rights.
Consequently, he is praying the court for an order
restraining the federal government, “its agents, servants, privies, police or
anyone acting on their behalf from further harassing detaining, intimidating,
arresting the applicant unlawfully”.
Aside an order “directing the respondent to tender written
apology to the applicants in two national daily newspapers”, he is also asking
the court to direct the respondent “to pay the sum of N500,000,000 to the
applicant, for unlawful violation of the applicant’s constitutional right
provided for in sections 35 and 36 of the Constitution of the Federal Republic
of Nigeria (As Amended)”.
HEALTH CHALLENGES
Meanwhile, the suspended DCP, in an ex parte application, is
asking the court to grant him bail on the grounds of ill-health.
In the affidavits of urgency, Usman, Kyari’s younger
brother, said the applicant is “suffering from diabetes, high blood pressure
and severe heart disease that may cause death”.
“That the applicant was receiving medical treatment on daily
basis due to the seriousness of the illness,” he said.
“That since 12th of February, 2022, the applicant has not
accessed any medical treatment, which is very dangerous to his health.
“That failure of the applicant to check his heart, high
blood pressure will result in severe health problems or may even lead to heart
failure and death. The medical report from National Hospital is hereby attached
and marked as Exhibit A.
“That due to the applicant being a diabetic patient and on a
medical diet, he does not eat outside his home and this is causing a very big
hardship on the applicant that is in NDLEA custody.
“That the health of the applicant cannot be managed while in
NDLEA custody due to the seriousness of his illness. That it is in the interest
of justice that this applicant be admitted to bail on health grounds.
“That the applicant will not jump bail if bail is granted
him. That he had a reliable surety who is in court.”
Inyang Ekwo, the presiding judge, declined to hear the
application on ex parte (without hearing from federal government) on Monday.
Rather, the judge fixed February 24 for hearing the
applicant’s motion for bail.
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