The National Drugs Law Enforcement Agency NDLEA has slammed an eight-count hard drug trafficking charge against the disgraced and suspended Deputy Commissioner of Police (DCP) Abba Kyari.
Abba Kyari was charged with the criminal offences alongside four other senior police officers and two civilians.
The charges marked FHC/ABJ/CR/57/2022 is filed at the Federal High Court in Abuja and signed by Mr Joseph Sunday, NDLEA Director, Prosecution and Legal Services.
Those charged alongside Abba Kyari; are Assistant Commissioner of Police ACP Sunday Ubua, Assistant Superintendent of Police ASP Bawa James, Inspector Simon Agirigba, Inspector John Nuhu, Chibuinna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
In count one, Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all of Intelligence Response Team were said to have between January 19 and 25, 2022, dealt in 17.55kilograms of cocaine and committed an offence contrary to and punishable under section 14 (b) of the Natural Drug Law Enforcement Agency Act, CAP 30 Laws of the Federation of Nigeria 2004.
SaharaReporters earlier today reported that a human rights lawyer, Inibehe Effiong, urged the NDLEA to stay action in filing charges against Abba Kyari.
On Wednesday, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.
The AGF said the application followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
In a statement on Thursday, while reacting to the Government’s approval for Kyari’s extradition to the United States, Effiong urged the NDLEA not to file any charge against Kyari to guarantee the success of the extradition process.
He noted, “The extradition application filed by the Attorney General of the Federation for Abba Kyari to be extradited to the US is a welcome development. Now that the FG has taken this step, NDLEA has to stay action on the drug related charges against Kyari.
“That’s the implication. Investigation by the NDLEA can continue while the extradition application is litigated. But it will be counterproductive for the NDLEA to proceed to file charges against Kyari during the pendency of the extradition application.
“That will make nonsense of the entire process. Section 3 of the Extradition Act makes it imperative for the prosecution of Kyari on the drug charges be put on hold.
“This is because by the said provision, extradition application will be refused by the court if the wanted fugitive is undergoing prosecution for another crime. If Abubakar Malami, SAN is serious and honest about extraditing Kyari, he should ensure that the NDLEA does not file charges against Kyari at this time. Otherwise, it will vindicate those who have asserted that the drug allegations may just be a disguise attempt to shield Kyari.”