The suspended head of the police’s Intelligence Response Team (IRT), Abba Kyarihas said the indictment linking him to an international drug cartel by the National Drug Law Enforcement Agency (NDLEA) it’s false
Mr. Kyari disclosed this in an affidavit in support of his ex parte motion marked: FHC/ANJ/CS/182/22 and filed before Inyang Ekwo of the Federal High Court, Abuja.
The motion was filed on his behalf by his attorney, CO Ikena.
The affidavit, dated February 16 and filed on February 17, was given by Kyari’s younger brother, Muhammad Usman.
The Nigerian News Agency (NAN) reports that Mr. Kyari had applied to assert his fundamental rights.
In the document, Kyari, who described the accusation as fabricated, said the NDLEA had failed to establish a prima facie case against him.
Mr. Usman, in his statement, said: “The applicant (Kyari) is a Deputy Commissioner of Police formerly attached to F1B-1RT, Abuja.
“That the defendant is the Federal Republic of Nigeria represented by the National Drug Law Enforcement Agency, Abuja.
“That a suspect has been shipping drugs (cocaine) to Nigeria from Ethiopia using all airports in Nigeria with the knowledge of NDLEA officers.
“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 NDLEA officers cleared him inside the airport and escorted him out of the airport.
“Then FIB-IRT officers arrested the suspect with the help of a tip.
“That before the Informant agreed to work with the FIB-IRT officials, they both had an agreement to indemnify the Informant.
“That the FIB-IRT officers, noticing that the NDLEA officers were the ones cleaning said suspect with his drugs (cocaine), immediately took the suspect to the NDLEA and also reported the officers involved in the act,” he claimed.
Mr. Usman said that instead of the NDLEA handling the matter accordingly and bringing the officers involved to pay, they decided to thwart the whistleblower and thus refuse to compensate the whistleblower.
“That it was at this time that the attention of DCP Abba Kyari was brought to the attention, who because the NDLEA officer involved is his friend.
“And he (Kyari) decided to intervene for the purpose of indemnifying the Informant.
“That the NDLEA officer, who refused to compensate the informant, was the one who framed DCP Abba Kyari with a false allegation that he was trying to bribe him.
“That the defendant’s agent (NDLEA) declared the applicant wanted on a mere allegation that he was trying to bribe an NDLEA official without sufficient evidence,” it added.
He said it was based on the allegation that the Nigerian Police arrested him and handed him over to the NDLEA.
That the applicant has been detained since February 12.
He said that Mr. Kyari had been in custody since his arrest on February 12 without access to medical treatment.
Mr. Usman claimed that his arrest and continued detention were a violation of his fundamental human rights.
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“That the allegation on which the applicant is arrested and detained is a false allegation without sufficient evidence,” he said.
He described Mr. Kyari as “a decent police officer who has distinguished himself in the 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 service and protection of his country as a police officer.
“That the applicant must be compensated and not be dragged, tortured, degrading and inhumane by anyone or any agency.
“That there is not enough evidence that the petitioner has committed any crime to justify this torture, degrading and inhuman treatment,” he said.
Mr. Usman stated that all efforts by the agency to release his older brother on administrative bail were unsuccessful.
“That faced with the above situation and scenario, the applicant has no other choice but to file this application under Section 35 of the 1999 Constitution of the Federal Republic of Nigeria seeking relief from the court against the defendant.
“That the National Drug Control Agency has not presented a prima facie case against the applicant,” he added.
He said that Mr. Kyari was ready to appear in court to answer any charges against him.
Mr. Usman, who said that the NDLEA would continue to infringe on Mr. Kyari’s fundamental rights if the court did not intervene, urged the court to grant the bail request in the interests of justice.
“That he has a responsible guarantee that is in court,” he said.
The judge, Mr. Ekwo, who set February 24 for the hearing of the motion, ordered that the NDLEA be notified.
(YAYA)