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Court dismisses Abba Kyari’s fundamental rights suit against NDLEA

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NDLEA: Massive Operations in 5 States yields 10 Arrests, Drugs Seizure

A Federal High Court, Abuja, on Thursday, dismissed a fundamental enforcement rights suit filed by suspended DCP Abba Kyari against National Drug Law Enforcement Agency (NDLEA).

Justice Inyang Ekwo dismissed the suit after counsel for the NDLEA, Joseph Sunday, and prayed to the court that the matter is struck out.

Also read: Abba Kyari: I asked for further probe, not exoneration, says Malami

When the matter was called, Cynthia Ikena, lawyer to Kyari, was absent.

Sunday, NDLEA’s Director of Prosecution and Legal Services, urged the court to strike out the suit.

Justice Ekwo said he was informed that Ikena sent a letter, praying the court for an adjournment.

But the letter was not filed by the lawyer and therefore not in compliance with the court rule.

The judge directed that the letter be shown to the NDLEA’s counsel.

Sunday, who expressed surprise with the development, said he was not copied in the letter in accordance with the rule of the court.

He prayed the court to strike out the matter.

After listening to NDLEA’s lawyer, Justice Ekwo struck out the case.

Also, the judge, after going into the substantive matter and seeing that parties had joined issues in the suit, went ahead to dismiss the case.

The newsmen report that Ekwo had, on March 15, threatened to strike out the fundamental enforcement rights suit following the delay by Ikena to serve Sunday her further and better affidavit after being served with the counter affidavit since Feb. 28.

Justice Ekwo, in a short ruling, had threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.

“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.

Newsmen report that Kyari had said that the NDLEA’s allegations against him were fictitious.

The suspended DCP disclosed this in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Ekwo.

The affidavit, dated Feb. 16 and filed Feb. 17, was deposed to by Kyari’s younger brother, Muhammad  Usman.

Kyari, through Ikena, had filled the application to seek his fundamental rights enforcement.

In the document, Kyari described the allegations against him by NDLEA as a “trump-up.”

He said the agency had failed to establish a prima facie case against him.

He averred that the allegation linking him to an international drug cartel by the anti-narcotic agency was untrue.

He said since the Nigerian Police Force arrested him and handed him over to the NDLEA, he had been kept in custody since Feb. 12, without having access to his medical treatment.

He averred that his arrest and continued detention were an infringement on his fundamental human rights.

Kyari, a former head of the Inspector-General of Police Intelligence Response Team (IRT), in an originating motion on notice marked: FHC/ABJ/CS/182/22, dated Feb. 16 and filed Feb. 17 demanded N500 million in damages from the NDLEA over alleged unlawful arrest and detention.

He also sought for an order, directing the NDLEA to tender a written apology to him in two national dailies.

Kyari, who said that his fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene, urged the court to grant the application for bail in the interest of justice.

Kyari and his co-defendants, who are police officers, in the alleged drug trafficking charge preferred against them and two others before Justice Emeka Nwite of a Federal High Court, Abuja, are currently in Kuje Correctional Centre based on the order of the trial judge.

 

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Police To Prosecute “Bulletproof” Herbalist In Abuja

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Police To Prosecute “Bulletproof” Herbalist In Abuja

The Police Command in the Federal Capital Territory (FCT) is set to prosecute one Ismail Usman, a herbalist, who shot himself while testing his self-made bulletproof charm.

The Police Public Relations Officer in the FCT,  SP Josephine Adeh, said this in a statement on Saturday in Abuja.

She said the herbalist shot himself in the stomach in an attempt to test the efficacy of his self-made ‘bulletproof’ charm.

Adeh said that one Shandam Michael reported the incident to the police, adding that it occurred on Nov. 23 at Kuchibuyi Village in Kubwa area of Abuja.

According to her, operatives from Byazhin division responded swiftly on receipt of the report and on reaching the scene found the herbalist in critical condition.

Adeh said the herbalist was quickly rushed to Kubwa General Hospital for emergency treatment but was later referred to the University of Abuja Teaching Hospital.

“In the aftermath, police conducted a thorough search of the herbalist’s home and recovered a homemade gun and an array of charms used in his reckless experiment.

“Investigations are ongoing. Usman is expected to face charges for unlawful possession of firearms and attempted suicide,” she said.

The PPRO said the FCT Commissioner of Police, Mr Olatunji Disu, had condemned the incident and highlighted the dangers associated with illegal firearms.

“This situation illustrates the serious risks of engaging in reckless behaviour.

“We strongly advise the community to avoid such dangerous practices,” Adeh quoted Disu as saying

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CBN: How I Collected $400,000 On Behalf Of Emefiele – Witness

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CBN: How I Collected $400,000 On Behalf Of Emefiele – Witness

…As Emefiele stands trial over alleged $4.5bn and N2.8bn fraud, while in office.

The seventh prosecution witness, Mr John Adetola, in the ongoing trial of the ex-governor of Central Bank, Godwin Emefiele, narrated how he collected the sum of $400,000 on behalf of the ex-governor.

Adetola, who was the former personal assistant to Emefiele, made the revelation on Thursday while giving evidence before an Ikeja Special Offences Court.

Emefiele is standing trial for alleged abuse of office and $4.5 billion and N2.8 billion fraud, while in office.

He is being prosecuted by the Economic and Financial Crimes Commission (EFCC), alongside his co-defendant, Henry Omoile.

Omoile, on his part, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.

At the resumed hearing, Adetola, through his counsel, Mr Rotimi Oyedepo (SAN), told the court that he managed office correspondences and visitors of the governor in Lagos.

He said his duty gave him direct access to Emefiele.

Adetola said sometime in February 2023, he received an invite from EFCC and was interviewed on his relationship with Emefiele.

He said, “I made a voluntary statement at the EFCC office.

“In 2018, Mr Eric Odoh, the personal assistant to the governor in Abuja, sent a message to me that I should go and meet Mr John Ayoh, the former director of ICT department to collect $400,000 and give it to the governor.

“I went to Mr Ayoh’s house in Lekki and he gave me the envelope.

“I came back to the office and gave the envelope to the governor.”

Adetola further told the court that he informed EFCC about the money during his interrogation.

The witness, also confirmed that he communicated with Emefiele through telephone, email, office line and verbal communication whenever he was around.

He also confirmed to the court that he knew one George and Okanta who were Emefiele’s younger brothers and the governor’s wife, Margaret, by virtue of his relationship with his boss.

Adetola also confirmed to the court that Omoile (his co-defendant) lived in Emefiele’s house in Lagos.

The witness also identified bundles of documents which were official communication between him and the ex-governor.

He also identified documents showing his communication with Ayoh (former director of ICT department) and Odoh (personal assistant to the governor in Abuja).

The prosecution sought to tender the bundles of documents for identification purposes.

Emefiele’s counsel, Mr Olalekan Ojo (SAN) did not object.

But Omoile’s counsel, Mr Adeyinka Kotoye (SAN), objected and argued that the documents had no basis in law.

According to Kotoye, a document not tendered as an exhibit, should not be tendered at all.

Oyedepo, in his response, argued that the documents were relevant and would prove essential ingredients of the offences.

“The documents are for identification,” he said.

Justice Rahman Oshodi, admitted the bundles of documents for identification purposes, after considering the party’s submissions.

Oshodi adjourned the case until Dec. 10 for cross-examination of the witness. 

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Zhengjia Jin: EFCC Arraigns Chinese Over Alleged Bribery, N301m Fraud

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Zhengjia Jin: EFCC Arraigns Chinese Over Alleged Bribery, N301m Fraud

The Economic and Financial Crimes Commission (EFCC) on Thursday brought a Chinese, Zhengjia Jin, before an Ikeja Special Offences Court, for alleged bribery and N301 million fraud.

Jin, was arraigned on a four-count charge bordering on retention of stolen property, bribery and stealing.

The EFCC counsel, Mr Ahmad Usman, told the court that the defendant allegedly committed the offences between March 5 and Aug. 9 in Lagos.

He alleged that the defendant dishonestly retained an aggregate sum of N301 million in his account number- 1861390260 domiciled in Access Bank, which belonged to Golden Diamond Industrial Manufacturing Company Ltd.

The prosecutor submitted that the defendant, while working at the company, accepted directly into his bank account the said money as kickbacks from vendors, thereby conferring undue advantage for himself.

The prosecutor said that the defendant’s action was contrary to the company’s employee condition of service.

The anti-graft agency also stated that the defendant dishonestly converted N301 million to his personal use.

According to EFCC, the offences contravene Sections 83, 328, Criminal Law of Lagos State, 2011 and Section 280 (2) and 287 of the Criminal Law of Lagos State, 2015.

The defendant, however, pleaded not guilty to the charge.

The Defence Counsel, Mr A.C. Ezenduka informed the court of a bail application.

Counsel to EFCC, however, told the court that the prosecution had not been served.

Justice Rahman Oshodi, remanded the defendant at Ikoyi Custodial Centre, pending hearing of his bail application.

Oshodi adjourned the case until Nov. 22 for hearing of bail application. 

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