No Hiding Place:
DCP Abba Kyari to remain in the custody of NDLEA for further Investigation for 14 days -Justice Zainab Dimka Abubakar, Federal High Court in Abuja
… ‘I am being held on the basis of a false allegation cooked up against me by the Police, NDLEA’, says embattled former IRT Commander
*‘Investigation by NDLEA revealed that the Abba Kyari (1st) to 5th respondents have compromised the whole operation and were involved in the importation, trafficking, and dealing and also tampered with the recovered 25kg cocaine’-Court document
*‘This court in suit marked FHC/ABJ/CS/182/22 declines BAIL application on Health ground for Abba Kyari, ordered suspect to put Federal Government on notice of the existence of suit instituted against it’-Justice Inyang Eden Ekwo, Federal High Court Abuja
*BY AHMAD IBRAHIM/ANTI-DRUG Reporter
THERE seems to be no peace of mind for suspended Deputy Commissioner of Police, DCP, Abba Kyari as all efforts he made in filing for his fundamental human rights based on the alleged claim of a failing health was denied in the court. This detained suspect in company of other police officers arrested for illegally trading in seized 25kg cocaine was also ordered to remain in the custody of the National Drug Law Enforcement Agency, NDLEA for further investigation for 14 days.
Justice Inyang Eden Ekwo of the Federal High Court in Abuja, Monday, refused to order the Federal Government to release the detained Kyari, from the custody of NDLEA. The judge ordered that Kyari put the Federal Government on notice of the existence of the suit he instituted against it.
Kyari, in his suit marked FHC/ABJ/CS/182/22, prayed the court to compel the NDLEA to grant him bail on health grounds, pending the hearing and determination of his fundamental right enforcement application.
In an ex-parte motion, he filed through his lawyer, Mrs. P. O. Ikenna, the embattled former head of the Police Intelligence Response Team, IRT, told the court that he was being held “on the basis of a false allegation leveled against him.”
However, when the case was called up, Justice Inyang Ekwo noted that the suit contained some averments that would require Federal Government’s response.
“Upon studying the process of the applicant and averments in support thereon, I am of the opinion that the respondent should be put on notice,” the judge held.
Justice Ekwo ordered that all the relevant processes be served on the Federal Government, which was cited as the sole respondent, even as he adjourned the case till February 24 for hearing.
A Federal High Court sitting in Abuja on Tuesday granted an application by NDLEA for detention for 14 days, with Kyari and six others under investigation over their alleged involvement in a 25 kilograms cocaine deal. The judge, Justice Zainab Dimka Abubakar, gave the order following the application by the anti-narcotic agency, argued by its Director of Prosecution and Legal Services, Mr Sunday Joseph.
The agency, in the ex-parte application, dated February 15, 2022, and marked FHC/ABJ/CS/111/2022. The agency sought the leave of the court to detain the suspects in NDLEA custody for 14 days pending the conclusion of investigation. Suspects affected by the order include DCP Abba Kyari, ACP Sunday J. Ubia, ASP James Bawa, Inspector Simon Agirigba, Inspector John Nuhu, Chibunna Patrick Umeibe and Emeka Alfonsus Ezenwanne.
In an affidavit in support of the motion, the NDLEA stated that the 6th and 7th respondents (Umeibe and Ezenwanne) confessed upon their arrest in Enugu that they imported the seized cocaine through Addis-Ababa to Enugu on January 19, 2022.
It further disclosed that “the 1st to 5th respondents (Kyari, Ubia, Bawa, Agirigba and Nuhu) are police officers who carried out the arrest of the 6th and 7th respondents and transferred them to NDLEA for further investigation.
“That investigation by the NDLEA revealed that the 1st to 5th respondents have compromised the whole operation and were involved in the importation, trafficking, and dealing and also tampered with the recovered cocaine.
“That the 1st to 5th respondents have volunteered their statements upon preliminary investigation, which has shown complicity in the case. Copies of statements are hereby attached and marked Annexure NDLEA 4,5,6,7,8, & 9 respectively.
“That the investigation will take some time as there are complicated dimensions of the case that require follow-up and unraveling. That the investigation is likely to extend to foreign countries, where some people linked to this trans-national drug trafficking activities reside.
“That it is in line with the above that the Applicant is applying to the Honorable Court for a period of 14 days in the first instance to detain the respondents to enable it carry out its investigation successfully,” NDLEA stated in the supporting affidavit.
In her ruling, Justice Abubakar granted the NDLEA’s prayer and directed that the Agency should at the expiration of the 14 days detention order either seek an extension, file a charge against the suspects or arraign them before the court. Kyari and the four other police officers were arrested and handed over to NDLEA on February 14, 2022 by police authorities, five hours after the Agency declared him wanted in connection with the drug deal.
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