Taiye Agbaje/
The suspended DCP, Abba Kyari, says the allegation linking him to an international drug cartel by the National Drug Law Enforcement Agency (NDLEA) is untrue.
Kyari disclosed this in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Justice Inyang Ekwo of a Federal High Court, Abuja, by his lawyer, C. O. Ikena.
The affidavit, dated Feb. 16 and filed Feb. 17, was deposed to by Kyari’s younger brother, Muhammad Usman.
Kyari, who was the former head of the Inspector-General (I-G) of the Police Intelligence Response Team (IRT), had filled the application to seek for the enforcement of his fundamental rights.
In the document, Kyari, who described the allegation as “trump-up,” said the NDLEA had failed to establish a prima facie case against him.
Usman, in his deposition, said: “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.
“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.
“Then officers of FIB-IRT arrested the suspect with the help of 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 the suspect to NDLEA and also reported those officers involved in the act.”
Usman said instead of the 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.
He added, “That it was at this juncture that the attention of DCP Abba Kyari was called 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 said it was based on the allegation that the Nigerian Police Force arrested him and handed him over to the NDLEA, and that the Applicant has been in NDLEA custody since February 12.
He said Kyari had been kept in custody since his arrest on February 12 without having access to his medical treatment.
Usman averred that his arrest and continued detention were an infringement on his fundamental human rights.
“That the allegation upon which the applicant is arrested and detained is a trump-up allegation without sufficient proof,” he said.
He described Kyari as “a decent police officer who has distinguished himself in areas of serving his father’s land as a police officer”.
According to him, the applicant has risked his life in so many areas of serving and protecting his fatherland as a police officer.
“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 not sufficient proof that the applicant has committed any offense to warrant this torture, degrading and inhuman treatment,” he said.
Usman averred that all the efforts made for the agency to grant his elder brother administrative bail proved abortive.
“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.
He said Kyari was ready to appear in court to answer any charge against him.
Usman, who said that Kyari’s fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene, urged the court to grant the application bail in the interest of justice.
“He has a liable surety who is in court,” he said.
Justice Ekwo fixed February 24 for the hearing of the motion. He ordered that the NDLEA be put on notice.
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