Cocaine saga: Abba Kyari challenges drug law agency over detention

The embattled  suspended Deputy Commissioner of Police, Abba Kyari who is currently under detention over his alleged role in cocaine trafficking has dragged the National Drug Law Enforcement Agency(NDLEA) to court over his detention

Penpushing reports that, Kyari in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Federal High Court, Abuja, argued that the allegation linking him was untrue.

The motion dated February 16, filed February 17, on his behalf by his lawyer, C. O. Ikena, was deposed to by Kyari’s younger brother, Muhammad Usman for the enforcement of his fundamental rights.

Penpushing further reports that, the former Head of the Police Intelligence Response Team (IRT), in the document, described the allegation as trumped up, arguing that the agency had failed to establish a prima facie case against him.

“The applicant (Kyari) is a Deputy Commissioner of Police formerly attached to F1B-1RT, Abuja.That the respondent is Federal Republic of Nigeria represented by National Drug Law Enforcement Agency, Abuja’, the deposition said.

“That a suspect has been shipping in drugs (cocaine) to Nigeria from Ethiopia using all the Airports in Nigeria with the knowledge of the NDLEA officers. That usually, NDLEA officers cleared him 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, and the officers of NDLEA cleared him within the airport and escorted him out of the airport’, the documents read.

“Then officers of FIB-IRT arrested the suspect with the help of an information.Then officers of FIB-IRT arrested the suspect with the help of an information. 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 suspect to NDLEA and also reported those officers involved in the act’.

Penpushing also reports that, the affidavit pointed out that instead of the National Drug Law Enforcement Agency (NDLEA) to handle the matter accordingly and bring the 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. And he (Kyari) 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,” he added.

Penpushing reports that, the document argued that it was based on the allegation that the Nigerian Police Force arrested him and handed him over to the National Drug Law Enforcement Agency (NDLEA), lamenting that the applicant is being kept in custody since February 12 without having access to his medical treatment.

The affidavit  averred that  the arrest of the suspended Deputy Commissioner of Police arrest and continued detention were an infringement on his fundamental human rights, describing the development as a trump-up allegation without sufficient proof

Penpushing further reports that, the documents posited that, the suspect is decent police officer who has distinguished himself in areas of serving his father’s land as a police officer, noting that he has risked his life in so many areas of serving and protecting his country as a police officer.

“That the allegation upon which the applicant is arrested and detained is a trump-up allegation without sufficient proof. 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. That faced with the above situation and scenario, the applicant has no option than to bring this application pursuant to Section 35 of the 1999 Constitution Federal Republic of Nigeria seeking redress from the court against the respondent. That the National Drug Law Enforcement Agency has not made out a prima-facie case against the applicant,” he added.

Penpushing also reports that, the application pointed out that  all the efforts made for the agency to grant the detainee administrative bail proved abortive, adding that Kyari was ready to appear in court to answer any charge against him.

The application argued that  Kyari’s fundamental rights would continue to be infringed upon by the agency  if the court did not intervene, and  urged the court to grant the application for bail in the interest of justice,adding that he(Kyari) has a liable surety who is in court.

Penpushing reports that, the judge, Justice Ekwo, however, fixed February 24 for the hearing of the motion, and ordered that the National Drug Law Enforcement Agency(NDLEA) be put on notice.

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