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Lawbreed Blog
Home»Law News»NDLEA files fresh charges against Abba Kyari over uncovered assets
Law News

NDLEA files fresh charges against Abba Kyari over uncovered assets

Lawbreed LtdBy Lawbreed LtdSeptember 5, 2022No Comments6 Mins Read
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The National Drug Law Enforcement Agency (NDLEA) has filed fresh charges against Abba Kyari, a suspended deputy commissioner of police and former head of the Inspector-General of Police Intelligence Response Team (IRT).

Mr Kyari is standing trial on cocaine-related charges alongside four members of his former police unit, the IRT.

Fresh suit
In the fresh suit filed at the Federal High Court in Abuja, the NDLEA accused him of non-disclosure of assets. The agency says it traced several properties to Mr Kyari and some of his siblings in Abuja and Maiduguri, Borno State.

The Punch Newspaper reports that assets include: shopping malls, residential estate, polo playground, lands and farmland belonging to Mr Kyari.

According to the fresh 24 charges, the NDLEA said Mr Kyari failed to declare his ownership of the properties in different locations in the Federal Capital Territory, Abuja and Maiduguri.

Over N207 million and Є17,598 were also found in his various accounts in GTB, UBA and Sterling Bank.

The charges dated 30 August was filed by NDLEA’s director of prosecution and legal services, Joseph Sunday. The anti-narcotics agency alleged that Mr Kyari concealed his acquisition of the assets.

Other defendants named in the suit marked: FHC/ABJ/CR/408/22 are: Mohammed Kyari and Ali Kyari.

Separate suit against Mr Kyari’s ex-deputy
Similarly, the NDLEA lodged a separate criminal charge against Sunday Ubua, Mr Kyari’s former deputy of the IRT squad. Stephen Kashawa, a litigation officer at the NDLEA who deposed to an affidavit in support of the charge, said investigation into Mr Kyari’s activities was expansive when he was transferred by the police to the NDLEA headquarters on February 14, 2022 for investigation.

According to the filings, the financial investigation which extended to Mr Kyari’s assets triggered the fresh suit bordering on non-disclosure and money laundering.

In one of the charges, the prosecution alleged that Mr Kyari knowingly failed to make full disclosure of his asset at plot no 1927 Blue Fountain Estate, Karsana, Abuja and thereby committed an offence contrary to and punishable under section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004.

The prosecutor also alleged that the formerly celebrated cop did not declare his ownership of an estate at Linda Chaulker Road, Asokoro Extension; plot no. 5 titled BO/4546; plot no. 9 titled BO/1037; plot no. 10 titled CER/4319 and plot no 33 titled BO/4319, Maiduguri, Borno State.

In addition, Mr Kyari was said to have failed to dusclose his ownership of a shopping mall titled, NE/1229 and a polo playground with plot no. 270, both located in Maiduguri.

The charges also said the former IRT commander did not make full disclosure of his ownership of farmland along Abuja-Kaduna road and a plaza under construction in Guzape, Abuja.

‘’That you, DCP Abba Kyari, male, adult and you Mohammed Kyari, male, adult, on or about February 14, 2022, in Nigeria within the jurisdiction of this honourable court in order to disguise the true ownership of the property situate at plot no. 33, Bama Road, GRA Extension, Maiduguri, Borno State, covered by certificate no. BO/4319 issued by Borno State Government by deposing to a false affidavit at the Federal High Court in suit no. FHC/NG/Cs/9/2022 and thereby committed an offence contrary to section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011, (as amended),” count 11 of the charge read.

In an alleged effort to cover-up the ownership of a plot of land covered by Certificate of Occupancy no: 000271 issued by Maiduguri Metropolitan Council, Borno State, Mr Kyari was said to have deposed to an affidavit at the Federal High Court, Maiduguri in suit number, FHC/NG/CS/9/2022, contrary to section 18(a) of the Money Laundering (Prohibition) Act.

The prosecution further accused Mr Kyari of deposing to an affidavit to hide his ownership of plot no 9, BOTP/63 covered by the grant of right of occupancy no. BO/1087; a shopping mall at number 4, Aliyu Close along Giwa Barracks, Maiduguri, covered by Certificate of Occupancy no. NE/1229.

The charges revealed that the the suspended DCP knowingly converted N28.4 million in his GTB account number 0121075250; N65.2 million in his GTB account number 0138360064; N95 million in UBA account number 1002250112 and N16.9 million in Sterling Bank account number 0072451994.

The NDLEA accused Mr Kyari of failing to declare in its assets declaration form the sum of Є17,598 in two GTB accounts, being proceeds of unlawful activities; N2.9 million in UBA; N366, 258.77 and N88.000 in Sterling Bank.

Mr Ubua’s charges
The NDLEA in its charges against Mr Ubua said he refused to disclose a N100 million life insurance policy with First Bank of Nigeria Insurance Limited, including several millions stashed in different bank accounts.

In the charges against Mr Ubua with number FHC/ABJ/407/22, the government revealed that he did not disclose a N100 million life insurance policy with First Bank of Nigeria Insurance Limited, including several millions stashed in different bank accounts.

The suit marked: FHC/ABJ/407/22 says Mr Ubua converted N118.6 million using First bank account 3018154763 and $30,516.36 using Polaris Bank account 2630046721.

He was accused of converting between January and March, 2022, the sum of N40.8 million in his Polaris Bank account number 1060047951, being proceeds of unlawful activities.

The prosecution alleged that Mr Ubua acquired a block of lock-up shops at Utako bus terminal, Abuja for N16.8 million and also converted N33 million and N227.5 million using First bank account number 2005502596. The defendant was further accused of converting N40.8 million and another N33.7 million.

Other matters
Mr Kyari is currently facing cocaïne-related charges along with four other police officers at the Federal High Court in Abuja.

Two other persons arrested at the Akanu Ibiam International Airport in Enugu, Enugu State, in January this year, in connection to the cocaïne charges have since pleaded guilty and sentenced to jail.

The four police officers among Mr Kyari’s co-defendants are Sunday Ubua, an assistant commissioner of police; Mr James, an assistant superintendent of police; Simon Agirgba, an inspector; John Nuhu, also an inspector.

Two civilians, Chibunna Umeibe and Emeka Ezenwanne, who are the 6th and 7th defendants, were jailed on 14 June 14 by the judge, Emeka Nigerian for cocaine trafficking.

Messrs Umeibe and Ezenwanne pleaded guilty to the charges when they were read to them on 7 March. They were sentenced to two years imprisonment.

On 30 August, the Federal High Court in Abuja, declined the Nigerian government’s request to extradite Mr Kyari to the US for fraud charges involving Nigerian Instagram celebrity, Abbas Ramon known as Hushpuppi.

The judge, Inyang Ekwo, refused the application on the grounds that Mr Kyari is being prosecuted by the Federal Government, a development that is in conflict with Nigeria’s extradition law.

But another federal judge in Abuja, Emeka Nwite, before whom Mr Kyari and his co-defendants are being tried for cocaine trafficking, refused the defendants bail after they sought to secure their freedom following the terrorists invasion of the Kuje prison in Abuja recently.

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