Fresh from the oven of the National Drug Law Enforcement Agency (NDLEA) is not a valentine cake or pizza. Rather, a hot press briefing delivered by Femi Babafemi, a Director of Media & Advocacy, NDLEA Headquarters, Abuja, detailing scary stories of how the suspended Deputy Commissioner of Police (DCP) Abba Kyari allegedly deals in illicit drugs.

Not too long ago, the Federal Bureau of Investigation (FBI) in the United States dropped a bombshell as they made frightening revelations which sought to connect Nigeria’s Abba Kyari, with criminal conspiracy associated with internet fraudster, Ramon Abbas (Hushpuppi) and his gang. DCP Abba Kyari was consequently suspended and subjected to internal disciplinary procedures while the Nigeria Police failed to show any signs of delivering him to the US.

While still on suspension, it appears DCP Abba Kyari was still actively operating with his team to “combat crime” for their personal gains.

The background story (which all began in January 2022) as allegedly narrated by Kyari himself was that his team had intercepted and arrested some traffickers that came into the country from Ethiopia with about 25kg of cocaine. Kyari then proposed a drug deal that will involve the sharing of 20kg of the cocaine and leave 5kg for the prosecution of the suspects arrested with the illicit drug in Enugu. In the meantime, the purloined (stolen) cocaine would be replaced with dummies.

The sharing formula for the 20kg drugs allegedly proposed by Kyari goes thus: 7kg would go to informants; 8kg to Abba Kyari and his team (which were already sold, by the way); and 5kg to NDLEA.

Precisely, Kyari had proposed the selling of the 5kg on behalf of the NDLEA to remit $61,400 to the Agency as bribe. More precisely, it was said that “at N7m per kilogram, the proceed from the 5kg would amount to N35m, at the exchange rate of N570 per dollar being the black market rate for the day, January 24, 2022. In effect, he would be delivering $61, 400 to the NDLEA team.”

Clearly, DCP Abba Kyari and his team allegedly deal on drugs. According to the NDLEA, DCP Kyari has shown “a sordid connection between law enforcement agents and the drug underworld.”

More so, explaining the purpose of the press briefing, the NDLEA said:

With the intelligence at our disposal, the Agency believes strongly that DCP Kyari is a member of a drug cartel that operates the Brazil-Ethiopia-Nigeria illicit drug pipeline, and he needs to answer questions that crop up in an ongoing drug case in which he is the principal actor. His failure to cooperate forced the hand of the Agency and that is the reason for this press briefing.

From press briefing by NDLEA, a number of charges could be deciphered. For instance, it is an offence to interfere with evidence. 25kg of drugs were allegedly intercepted but DCP Kyari proposed that 5kg should go for prosecution and that the stolen drugs should be replaced with dummies. This also amount to tampering with drugs prohibited under Section 16 of the National Drug Law Enforcement Agency Act. (NDLEA Act) 

It is an offence to attempt to bribe law enforcement agents. A number of laws prohibit bribery such as the EFCC Act and ICPC Act. 

Th attempt to execute all the alleged plans with NDLEA is in itself a crime. Attempt to commit an offence is an offence. The law discourages an attempt as much as it discourages the actual commission. See Section 23 of the NDLEA Act. 

Conspiracy to commit an offence is an offence. Conspiracy is an agreement to commit an offence. The law punishes the meeting of minds. It is immaterial if the offence wasn’t eventually committed. The entire arrangements by DCP Ababa Kyari and his team are shrouded in criminal conspiracy as provided under Section 14 NDLEA Act. 

Th alleged sale of 8kg of the drugs by DCP Ababa Kyari and his team is a crime. This is a crime involving direct dealings in drugs which the NDLEA Act as a whole prohibits. From the Long Title, the NDLEA Act is an “An Act to establish the National Drug Law Enforcement Agency to enforce laws
against the cultivation, processing, sale, trafficking and use of hard drugs…”

Under Section 103 of the Police Act 2020, the law permits a police officer like DCP Abba Kyari and his team to be charged under any other law such as the NDLEA Act. 

Conclusion

For Abba Kyari, when it rains, it pours. Now that the pipeline of criminality is about to be completely blown up, DCP Abba Kyari and his team are in for a race. Ironically, while Kyari may not like the showers, this may be the beginning of the much needed cleansing in the system. 



Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.
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