Abba Kyari And The Endless Abracadabra (2)

By Ebun-Olu Adegboruwa SAN

There seems to be no end to the intrigues and mysteries surrounding the former head of IRT, CSP Abba Kyari, going by reports monitored in the news lately. For instance, the Honourable Attorney-General of the Federation has released different statements in relation to this case and he has also taken several actions. The HAGF had applied to the Federal High Court in Abuja, for an order for the extradition of Abba Kyari, in an application supported with an affidavit deposed on oath.

For such to happen, there must have been some prima facie evidence linking Kyari with the offence charged, as deposing to facts on oath is not a tea cup matter at all, given that the deponent may be charged for false declaration subsequently. So, when it later turned out that the HAGF declared that Kyari could not be extradited based on a legal opinion from his office, the matter got more interesting.

Which one then does the HAFG wants us to believe, between sacred facts sworn to on oath and placed before the Court and a subsequent legal opinion craftily scripted in the office? Following public outrage however, the HAGF would later explain that he did not exonerate Kyari but rather hinted of the need for a thorough investigation into his case. Fair enough. While we all wait to see what becomes of the suit filed by the HAGF before the Federal High Court for the extradition of Kyari, let me share with you the very detailed opinions of fellow Nigerians on this issue.

“Akinsade Adeleye Sehinde:

I’m not surprised the case is gradually watering down. Abba Kyari had been a good boy to all big men in politics, judiciary and forces. He had been settling accordingly and greasing the palms of anybody in the corridor of power. It may be difficult to nail Kyari on any of the charges. I’m really enjoying the drama!

Tunji David Delana:

I assume a trial in the US will uncover deeper rot in the local police force because detailed investigation and enquiries will happen over there … so a decoy NDLEA case that can be bungled will be better for them.

Matthias Ikyav:

We knew from the beginning that the NDLEA case was and is a scam by the government on Nigerians, all in a bid to give Kyari a soft-landing.

Kingsley Ekpe:

I detest pretence. Why should Abba Kyari be extradited to the United States? Are they (US) saints? Aren’t there Kyari equivalents in that part of the World? Must we be hypnotized at all times? Is it only Abba Kyari that is the devil in our country Nigeria? Don’t we have individuals who are worse than Mr Kyari? Please, let us be candid for once.

Olami Gabriel:

Nigeria is dead forgotten and nothing good am afraid can ever come out from there. Malami will be shocked of the fate that will befall him after the expiration of his tenure.

Osinachi Eniola:

I love this educative piece of work. Sir, like you said… Nigerians know the truths … However, I do wonder and ponder if this country can get better (I pray and believe she can– some day) but for how long are we going to hope, pray and get things right? This case is slowly being taken care of by the “Elders of The Land”. The so-called elders are dead alive and we are now made to forget the real meaning of “Authority and Power” and the “Supremacy of The Rule of Law”! Let us hope for a better tomorrow, but for how long?

Isaiah Ekpenyong:

Sir, you are a lawyer and not an investigator, please limit yourself to what you know and do not stress your knowledge beyond that. No country will hand over her citizen to another country without doing their own investigation. In the report given by the FBI, the role they said Kyari played is well stated. They did not say he joined Hushpupi to commit the crime but that he aided him through the detention of another suspect in the crime for which he was paid for. Kyari said the money was not paid to him but to a third party for a different purpose. It is the Americans words against Kyari’s and what the Attorney-General said is that they have traced the money and discovered that it was actually collected but not traced to Kyari as alleged by the Americans, which goes a long way to confirm Kyari’s position that money was collected but not for the purpose that was alleged. The problem we have in this country is when everyone is an expert on everything.

Kenechukwu Gideon:

Abba Kyari is as guilty as the AGF in person, the office, the people he and the office seems to work for and the entire agency that Abba Kyari works for and her sister agencies too.

Jones Berena:

Thanks for the painstaking education of the public. We have been observing the utterances and body language of the AGF. It’s in tandem with your views and Nigerians are watching. History will be the judge.

Mu’azu Mohammed Jimada Akhirah:

Looking into the issue with a clear mind, I don’t think his NDLEA matter is a gimmick to deter his extradition when there are a lot of less severe offenses that could be used if at all the government or police want to obstruct his extradition to the United States. The fact is, God is just ready to expose him for all the atrocities he has done.

Adewale Elijah:

That’s Northerners for you, I can say this anywhere, if this man has been from another tribe, this whole case wouldn’t have been like this. An IG was once handcuffed to court yes during a Yoruba man as a president, the IG was also a Yoruba man, while other tribes fight for one Nigeria, the Northerners remain the one entity whose one Nigeria, respect for rule of laws has crumble under their watch, no wonder till now not one terrorist has been convicted, we now live in a nation where we have repentant terrorists while individuals like IPOBS, activists and those seeking for a nation of theirs are ravaging in cells without charges.

Mokezie Emeka:

They first cleared DIG Egbunike out of the way for the AGs to turn. The death of the DIG is a warning to other would-be investigators of Abba Kyari. The AG is saving one of his own. Common with Northerners; as we speak, one Mr Igwilo an Igbo man, is being paraded by EFCC for the same money laundry offences that the AG is trying to save Abba Kyari from.

Kayode Oguntuase:

The Nigerian people are not actually surprised by the drama. If Abba Kyari were one Okechukwu or Adewale, he would have been extradited to the U.S. a long time ago. But this is Nigeria, and in Nigeria, people like Abba Kyari are above the law.

Fredrick Ilurimi:

According to Blackstone, laws are prescribed by the superior which an inferior is bound to abide with. That’s one of the definitions of law we adopt in this country called Nigeria. According to the Late FREDERICK ROTIMI ALADE WILLIAMS, SAN, he said the 1999 Constitution is a fraud to Nigeria … likewise the Criminal Procedure Act, Penal Code Act , Evidence Act, etc…

Isaac Ibitoye:

I think the NDLEA is also trying to cover his ass by indicting him, knowing the law because if he goes to the USA, the judgment is going to be fast and a lot will be exposed, probably the NDLEA will also show up. It’s a game of chess.

Mark Mobolaji Amidu:

Thank you our dear SAN for lending your voice to this case. It’s a very big pity that the oil of bribery and corruption, wickedness, lies, falsehood, murder, injustice … flows from the headship of Nigeria. I pray that the good Lord will change this oil of wickedness flowing from the leadership of Nigeria down to her people in the mighty name of Jesus.

Oyewole Moriakinyo:

Some are born great, some achieve greatness, and some have greatness thrust upon them. And you went further to foolishly and falsely alleged an innocent as a matter of fact that he went on to carve a niche for himself by busting syndicates of criminals – armed robbers, kidnappers, drug barons and internet fraudsters, amongst others. And considered the poster boy of the local law enforcement, the pride of a crime-fighting organization, as that had lost touch with the people and was short of a real role model. Also foolishly considered, all those suspected to have committed a criminal offence enjoy a common right under section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), to be presumed innocent until proven guilty. As the scenario that has been created in the unfolding drama associated with the case with supposed to be the future head of the force, but foolishly considered as bestrode the nation’s crime scene like an oriental potentate, picking off criminals like sitting ducks, hounding crooked elements into the clanger with precision, while employing untoward means to ensure his upward career trajectory, as the exact opposite of the urbane, suave, sophisticated and good looking cop who bestrode crime scenes with the confident aplomb of a matinee idol and omniscient allure of a divining deity, doted over him to help resolve very knotty crimes that should convene a special session for his recognition and national honour.

Why the senior operated not only as a super cop with the proverbial magic wand for unraveling crime, but also a celebrity cop with his life and tasks, including very sensitive missions, blogged on Instagram, and other social media platforms, but thus as means of heartbreaking for many of his fans when detailed close relationship with celebrity internet fraudster, were made public by Bureau of Investigation, which released as part of its probe as fraud committed by the conman, indicted as a partner in the fraud. Which would not be first controversy, however, as also his team were once accused of human rights abuses, molesting suspects and converting confiscated property in the course of the arrest of the kidnapping lord, was alleged and his boys as pocketed substantial sums of foreign currency recovered from his house, which were not declared as exhibits, but made headlines during the Panel proceedings when was accused of extorting money from a suspect whom he investigated. But denied all these allegations and managed to stay afloat in an organization as considered was itself consumed by pervasive corruption and crass inefficiency, as would not be long before his bubble burst.

Yet his bubble hasn’t burst in spite of being temporarily suspended from service and penciled down for investigation, which went the normal way. Felt would take the intervention of the Service Commission, for any hope of some meaningful discovery in the allegations against in the interval, then foolishly felt bad attended very controversial social events, such as the burial and that of the wedding when he was supposed to be under investigation by the latter as gradually losing hope that anything meaningful would come out of the probe when the news broke about the drug trafficking cartel.

According to was part of a notorious drug cartel operating the route involving large drug hauls from the initial report, was still in control of the team, through which operated while on suspension, as a bewildered nation watching the video of bringing out wads of Dollars for drug trafficking negotiations as the evidence was too overwhelming for any controversy as should sealed his reputation as an expert in running with the hare and hunting with the hounds. The same crime he was hailed for bursting, as was neck deep into it, full time, having seen negotiating for himself, confiscating hard drugs seized from suspects for his own personal sale, and making promises to an agent in his determination to pervert the course of justice.

As the misconception operated with so much impunity for so long that he didn’t even care if could be under surveillance by the Government or even foreign elements after his indictment to considered his greed obviously did him in brashly tried to set up a compromise meeting with an agent who turned the meet into a sting operation where he was finally caught on tape abusing the privileges of his high office as all that then commenced the unending drama of the compromised system and its vagaries, having been formally requested for the extradition to face criminal charges along with his fellow suspect.

As this is allowed under the Extradition Act of 1967, as which is still a law in force not a few people thought that the story was only unraveled to give a soft landing, giving the dwindling fortunes of the judiciary in as a forum for the effective prosecution of offenders, especially in high profile cases; As the conspiracy theories orchestrated by the following provisions of section 3 (6) of the Extradition Act.

“(A) A fugitive criminal who has been charged with an offence under the law in any part thereof, not being the offence for which his surrender is sought; or

(B) Who is serving a sentence imposed in respect of any such offence by a court in, shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise.”

The summary interpretation of the above provisions is simply that so long as a suspect is being charged or tried for any offence in the local jurisdiction, an application for his extradition to be tried for any offence outside jurisdiction will not be granted until he has completed the said trial and he is acquitted or he has served the sentence. The plot; insulting to the collective; Is evidence of misconception or wrong judgment; which proved people can speak evil of what is right, right and reasonable proceedings, but it doesn’t stop following reasonable process and observing through right process, as well embarking on right judgment the appropriate way as anything wrong. The evidence of crime is hidden on purpose and not just lies. Rather than jeopardize the rule of law, the voice of the accursed needs to be heard.

Don Credo:

When I always hear Nnamdi Kanu calling Nigeria zoo I feel like he is a joke but with time i discovered that zoo is an understatement, sometimes I wonder why God will be in heaven keeping silence in such a country with impunity and tyranny.”

Whichever way one looks at the Abba Kyari case, the agencies and institutions involved have not discharged their duties effectively, in such a way as to erase the doubts in our minds that their actions and words are altruistic and influenced by patriotic zeal. The rules of engagement for all suspects should be universal, without giving the impression that those involved harbour some kind of preferences or biases that tend to open the otherwise closed eyes of justice to status, tribe and tongues. The investigation and prosecution of crime should not be mindful of the characters involved but the laws to be enforced.