From Godwin Tsa, Abuja
After over 20 days in detention, the National Drug Law and Enforcement Agency (NDLEA) will tomorrow arraign the suspended Deputy Commissioner of Police, DCP, Abba Kyari, and six others on eight-counts bordering on drug trafficking.
They are expected to be arraigned before Justice Emeka Nwite of the Abuja division of. the Federal High Court (FHC).
The other defendants in the charge marked FHC/ABJ/57/2022 include Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu, who are members of the police intelligence response team (IRT).
Others are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, two alleged drug traffickers who were arrested at the Akanu Ibiam International Airport, Enugu.
In the charge filed by Joseph Sunday, NDLEA director of prosecution and legal services, the agency accused Kyari and the four other police officers of conspiracy, obstruction and dealing in cocaine weighing 17.55kg.
Umeibe and Ezenwanne were accused of conspiring with others at large to import 21.35kg of cocaine into the country.
Kyari and his co-accused have been in the custody of the NDLEA since February 14, after attempting to bribe an official of the agency with $61,400 to facilitate the release of seized cocaine.
A Federal High Court sitting in Abuja, had declined to order the National Drug Law Enforcement Agency, NDLEA, to release him on bail.
Rather, Justice Inyang Ekwo, fixed March 15 to hear the fundamental right enforcement suit he (Kyari) filed to query the legality of his arrest and continued detention.
Justice Ekwo held that Kyari’s application for bail was overtaken by events, noting that a sister court had already granted the NDLEA the permission to detain him for 14 days, pending the conclusion of its investigations.
He held that Kyari’s bail application could not be granted since the order for his further detention emanated from a court of coordinate jurisdiction.
Kyari had in the suit marked FHC/ABJ/CS/182/22, told the court that he is suffering from “diabetes; high blood pressure and severe heart disease that may cause death”.
He told the court that prior to his arrest, he was receiving medical treatment on daily basis due to seriousness of the illness.
He said since February 12 when he was arrested and subsequently handed over to the NDLEA, he has not accessed any medical treatment.
That failure of the Applicant to check his heart, high blood pressure will result in severe health problems or may even lead to heart failure and death. Medical report from National Hospital is hereby attached and marked as Exhibit A.
“That due to the Applicant being a diabetic patient and on medical diet, he does not eat outside his home and this is causing a very big hardship on the Applicant that is in NDLEA custody.
“That the health of the Applicant cannot be managed while in NDLEA custody due to the seriousness of his illness. That it is in the interest of justice that this Applicant be admitted to bail on health ground.
“That the Applicant will not jump bail if bail is granted him. That he had a reliable surety who is in court”, he added an affidavit that was attached in support of his ex-parte application for bail.
Aside from requesting for bail, the detained DCP is in his substantive suit, praying the court to order the Federal Government to pay him N500million and also tender written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
He is further praying the court for, “a declaration that arrest and continued detention of the Applicant by the Agent of the Respondent without bringing him before a court of competent jurisdiction from 12th of February 2022 till date, is Illegal, unlawful and a gross violation of Applicant’s fundamental right to personal liberty and freedom of movement guaranteed by Section 35(1) of the I999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on human and Peoples Rights (Ratification and Enforcement) Act.
Meanwhile, the former filling of charges against Kyari may stall attempts by the Federal Government to extradite him to the United States of America.
The Federal Government had on Thursday approved the request by the United States of America, for Kyari, to be extradited over the $1.1million wire fraud perpetrated by Abass Ramon aka Hushpuppi and 4 others
Government’s approval was made known by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) when he filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
Some of the charges reads “That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, all male, Adult on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable Court conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully tamper with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka AlphonsEzenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and by substituting same with some other substance and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004”
“That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male Adult on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.
“That you Chibunna Patrick Umeibe, male adult and Emeka Alphonsus Ezenwanne, male adult on or about the 19th January 2022 at Akanu Ibiam International Airport, Enugu Nigeria, within the jurisdiction of this Honourable Court without lawful authority imported 21.35kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.
“That you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male adult on or about the 25th January 2022 at Akanu Ibiam International Airport, Enugu, Nigeria within the jurisdiction of this Honourable Court without lawful authority imported 21.35kilogrammes of cocaine and thereby committed an offence contrary to an punishable under section 11(a) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.