The National Drug Law Enforcement Agency (NDLEA) has asked the Abuja division of the Federal High Court to reject the bail applications filed by the suspended Deputy Commissioner of Police (DCP), Abba Kyari, and four members of the Intelligence Response Team (IRT), on the grounds that they are likely to be charged for money laundering offences.
In addition, the agency said there is strong evidence that the defendants, who allegedly have over the years developed contacts with criminal elements, would interfere with prosecution witnesses if released on bail.
In a 20 paragraph counter affidavit before the court in opposition to their bail applications, the agency equally expressed fears that given their huge influence in the police and criminal underworld, the defendants are likely to tamper with financial records and interfere with financial investigation.
The NDLEA had alleged that Kyari, who was head of the IRT and his deputy, ACP Sunday Ubua, have received over N4.3 billion from their separate bank accounts.
The agency also urged the court to reject the bail applications on the ground that “considering the seriousness of the offences, the character of evidence against them and their antecedents of not wanting to submit themselves to investigation and the criminal justice process, as well as the enormous resources at their disposal, there is likelihood of the defendants/applicants taking flight if granted bail.
While adopting the counter-affidavit before trial Justice Emeka Nwite on Monday, the NDLEA, through its Director, Prosecution & Legal Services, Mr. Joseph Sunday, maintained that: “The charge before this honourable court indicates that the defendants are charged with serious offences for which the punishment is not less than 15 years imprisonment upon conviction.”
It is to be noted that the NDLEA has reportedly sent a report to the Attorney-General of the Federation, Abubakar Malami, detailing the financial transactions of Kyari and some members of his IRT.
The agency said not less than N1.4 billion passed through Kyari’s account while he was commander of the IRT.
However, in the case of Kyari’s deputy, Ubua, the agency said he may have received far more than him as not less than N2.8 billion was traced to his eight bank accounts.
According to investigations, Ubua allegedly received a lump sum of N2.664 billion on August 15, 2019. The NDLEA is now working on the assumption that the sums traced to Kyari and his deputy may be connected to the sale of some illicit substances, including tramadol worth N3 billion.
Kyari and six others are facing eight counts of conspiracy, obstruction, and dealing in cocaine, and other related offences at the Federal High Court, Abuja. The other defendants in the charge marked FHC/ABJ/57/2022, are four members of the IRT, Ubua, Bawa James, Simon Agirigba and John Nuhu.
Meanwhile, two other suspects arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, have pleaded guilty to counts five, six and seven of the eight-count charge.
However, Kyari, in his bail application that was moved by Mr. Mahmud Magaji, SAN, prayed the court to grant him bail on liberal conditions.
Arguing that the charge against him contained bailable offences, the embattled DCP, urged the court to invoke the powers donated to it by the 1999 Constitution, as amended, to exercise discretion in his favour.
The NDLEA, however, urged the court to deny all the defendants bail and rather okay accelerated hearing of the case.
Before the court adjourned the matter till March 28, the NDLEA said it was no longer willing to retain the third, fourth and fifth defendants in its custody due to their “unruly behaviour”. It told the court that the defendants were “causing a lot of disturbances”.
Consequently, lawyers to the three defendants, took turns to enter an undertaking before the court, pledging that their clients would be of good behaviour “from now onwards.”
Justice Nwite said he would order the transfer of the three defendants to a Correctional Centre, should the court receive any further report of their unruly behaviour.