Why Abba Kyari should not celebrate court victory – NDLEA

By Ibironke Ariyo

The National Drug Law Enforcement Agency (NDLEA) has reacted to a ruling by Justice James Omotosho, in which suspended Deputy Commissioner of Police, Abba Kyari was discharged on a 23-count charge bordering on alleged money laundering and non-declaration of assets filed against him by the agency.

The court delivered the judgement on Thursday.

Reacting to the judgment, NDLEA’s Director of Media and Advocacy, Femi Babafemi said the suspended Deputy Commissioner of Police is not yet off the hook.

He explained that the ruling by Justice Omotosho should not be confused with the main drug-related case against the suspended police officer.

He insisted that the substantive drug trafficking case against Kyari by NDLEA remains active and is scheduled to continue in court on March 16.

Babafemi noted that the case will resume before Justice Emeka Nwite of the Federal High Court, Abuja, stressing that the matter is separate from a different case in which Kyari was recently discharged.

Babafemi emphasised that the drug trafficking trial remains ongoing and would continue as scheduled before Justice Nwite.

He also said the agency will take a decision on whether or not to appeal the judgement of Justice Omotosho after getting details of the judgment.

“First, I need to clarify that the ruling by Justice Omotosho is completely different from the main and substantive drug case which continues before Justice Emeka Nwite of the Federal High Court, Abuja on Monday, March 16.

“That one is very much on course. The case determined by Justice Omotosho today is a different case of money laundering and non-declaration of assets,” he maintained

Babafemi added that the agency’s prosecution team would study the details of the judgment before deciding whether to challenge the ruling that discharged Kyari.

According to him, the legal team has already been directed to obtain the Certified True Copy (CTC) of the judgment to enable the agency to determine its next line of action.

“On your question on whether the agency will appeal the ruling or not, the prosecution team has been directed to apply for the Certified True Copy of the judgment, which details will help the management take a decision on what next to do,” Babafemi said.

The NDLEA spokesman reiterated that the agency remains committed to pursuing the substantive drug case to its logical conclusion in line with due process and the rule of law.

Kyari, a former head of the Intelligence Response Team of the Nigeria Police Force, is facing prosecution by the anti-drug agency over alleged involvement in drug-related offences.

The continuation of the case before Justice Nwite on March 16 is expected to mark the next stage in the trial at the Federal High Court in Abuja.

In the ruling delivered on Thursday, Justice Omotosho dismissed the charges filed against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, for failure of the NDLEA To prove its case beyond reasonable doubt.

Justice Omotosho noted that the case of the prosecution is watery and has no basis in facts.

“The defendants are still presumed innocent and thus a heavy burden rests on the prosecution to establish their guilt beyond reasonable doubt.

“Failure to do so will see the defendants walk home free,” he said.

The judge said it was “quite unfortunate that the 1st defendant (Abba Kyari) who from the evidence before this court had served this country bravely and competently, handling very dangerous assignments to ensure that this country is secure will be arraigned upon a baseless charge.

“For a Nigerian to put his life on the line for this country and then be rewarded with being charged for offences that are quite ridiculous is baffling to say the least.”

Justice Omotosho held that the NDLEA was shoddy in carrying out its investigation

(NAN)