…demands N500M damages, apology from FG
Embattled deputy commissioner of police (DCP), Abba Kyari says the allegations against him by the National Drug Law Enforcement Agency (NDLEA) are “trumped-up”.
The NDLEA, had on February 14 declared Kyari wanted “over his involvement in a 25kg cocaine deal”. 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 stated 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 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.”
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”, the defendant 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)”.
credit/TheCable