By Evelyn Usman & Ikechukwu Nnochiri
Suspended Commander of the Intelligence Response Team, IRT, DCP Abba Kyari, who is remanded in the custody of the National Drug Law Enforcement Agency, NDLEA, over his involvement in a 25kg cocaine deal, has refused to officially respond to the query issued him by Force Headquarters.
This is even as the Federal High Court sitting in Abuja, yesterday, threatened to strike out the N500 million fundamental right enforcement suit Kyari filed against the Federal Government.
It was gathered that the embattled detective was handed the query while in NDLEA’s custody, close to a month ago.
Rather than answer the query, sources told Vanguard that Kyari said he could not write from where he was.
“That alone is a reply to the query. He stated that he could not write from where he was. He said when he gets out, he would officially answer the query, as he was not in the right frame of mind to answer officially,” a source said.
Court threatens to strike out his N500m suit against FG
Meanwhile, the Federal High Court sitting in Abuja has threatened to strike out the N500 million fundamental right enforcement suit Kyari filed against the Federal Government.
He had before his arraignment on March 7, instituted the legal action to challenge his arrest and detention by the NDLEA.
The applicant, among other things, is praying the court to order the FG to pay him N500 million and also tender written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
Meanwhile, at the resumed proceedings in the matter, yesterday, the NDLEA, through its Director, Prosecution and Legal Services, Mr. Joseph Sunday, told the court that he was just served a further affidavit by Kyari’s lawyer, Cynthia Ikenna.
Sunday noted that the agency served its counter-affidavit on the applicant since February 24.
He argued that going by rules of the court, the applicant filed the further affidavit out of time.
Responding, Kyari’s lawyer, prayed the court for a short adjournment to enable her to regularize her processes.
Before he adjourned the matter till April 7, Justice Inyang Ekwo warned that he would strike out the matter for lack of deligent prosecution.
Justice Ekwo said: “If on next date you are not ready, I will strike out the matter. Put your house in order before the date of hearing.
“If you have an excuse not to be here on that date, I will take it that you are out to frustrate this matter and I will strike it out.”
Kyari had in his suit marked FHC/ABJ/CS/182/22, accused the NDLEA of assisting drug peddlers to ship in cocaine into the country, alleging that a corrupt officer of the agency framed him up after he went to demand for compensation for a whistleblower that gave information that led to the arrest of a suspect by the Police Intelligence Response Team, IRT.
He told the court that the said suspect had been shipping cocaine into the country from Ethiopia, using all the airports, “with the knowledge of the NDLEA officers”.
In an affidavit deposed to by one Muhammad Nur Usman, who identified himself as his younger brother, Kyari told the court that NDLEA officials usually cleared the drug baron “and even escort him from the airport to his destination”.
Narrating the circumstance that led to his present ordeal, Kyari, said: “That on that fateful day, the suspect as usual shipped drugs (cocaine) from Ethiopia to Enugu Airport. The officer of NDLEA cleared him within the airport, then officer of FIB-IRT arrested the suspect with the help of an 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.
“That instead of the NDLEA to handle the matter accordingly and bring their officers involved to book, they decided to frustrate the informant, thereby refusing to compensate the informant.
“That it was at this juncture that the attention of the DCP Abba Kyari was called, who because the NDLEA officer involved is his friend, 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 declared the Applicant wanted because of a mere allegation that he was trying to bribe an NDLEA officer without sufficient proof.
“That the Nigerian Police Force, based on the allegation of the Respondent arrested the Applicant on February 12, 2022, and handed over to the NDLEA.”
He maintained that his continued detention amounted to an infringement on his fundamental human rights.