Abba Kyari may bag life imprisonment, forfeit assets

Provisions of the National Drug Law Enforcement Agency Act have indicated that a former Commander, Intelligence Response Team, Abba Kyari, may be jailed for life if he’s found guilty of allegations against him.

Moments after Kyari was declared wanted by NDLEA, the Nigeria Police Force, through the Force Public Relations Officer, Muyiwa Adejobi, announced Kyari’s arrest.

The agency said the police handed over Kyari to NDLEA at the Force Intelligence Bureau of the Nigerian Police Force.

It also said the senior cop was caught on camera handing over $61,400 in cash to compromise its operative.

The suspended cop was invited for questioning on February 10 but did not show up or respond, according to the NDLEA.

The senior police officer was earlier suspended after he was implicated by Nigerian influencer Ramon Abbas, known as Hushpuppi, who pleaded guilty to money laundering and other crimes in the United States.

Kyari, who became famous for exposing a string of high-profile crimes in Nigeria, denied the allegations against him.

Allegations

Conspiracy: NDLEA accused Kyari of being “a member of a drug cartel that operates the Brazil-Ethiopia-Nigeria illicit drug pipeline”.

Drug deal: Kyari and four others were allegedly involved in a 25 kilograms Cocaine deal.

Tampering with drug and evidence: NDLEA claims that Kyari and his team wanted to take 15kg of the cocaine and leave 10kg for the prosecution of suspects; the purloined cocaine will be replaced with a dummy worth 15kg.

Distribution and sale of cocaine: According to NDLEA, Kyari took 15kg out and shared it between the informants. He gave the informant 7kg while his team took 8kg which was sold. He also sold a 5kg share of the NDLEA team -for $61, 400.

Influenced law enforcement officer: Kyari was accused of attempting to compromise an NDLEA officer in January by asking him to conceal part of the cocaine haul that was seized from some suspects.

He was said to also put pressure on NDLEA officer to wrap up the arrangement with the commander of the FCT Command to take custody of the drug and suspects from his men who were on the ground in Abuja.

What the NDLEA Act says

The NDLEA Act stipulates punishment ranging from jail term, life imprisonment, and property forfeiture for the allegations.

Conspiracy: Section 20, Part II, Sub-section 14 of the NDLEA Act recommends a term not less than 15 years and not exceeding 25 years.

Part of the Act reads, “Any person who:
a. Incites, promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act: or

b. Conspires with, aids, abets, counsels, attempts to commit or is an accessory to any act or offence referred to in this Act shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 years.

Tampering with drug
Any person who unlawfully removes, conceals, destroys or in any way tampers with the drug popularly known as cocaine, LSD, heroine or any other similar drug seized from any person or otherwise in the possession of the Agency or any authorized person shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding 25 years.

Sale and distribution

Any person who, without lawful authority (the proof of which shall lie on him) commits any of the following offences, that is to say:

Engages in the production, manufacture, extraction preparation, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transportation, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention and its Protocols, or the 1971 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic substances 1989.

Engages in the manufacture, transportation or distribution of equipment, materials or of any substance listed in the Second Schedule to this Act knowing that such
equipment, material or substance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

Engages in the management, organization or financing of any of the offences under paragraphs (a) to (f) of this subsection

The penalties for offences under subsection (1) of this section shall
a. In respect of an offence under paragraphs (a), (b), (d), (e), (f), and (h), be imprisonment for life

Forfeited Property
For the avoidance of doubt and without any further assurance than this Act, all the properties of a person convicted of an offence under this Act and already the subject of an interim order shall be forfeited to the Federal Government.

Courtesy (excluding headline) The PUNCH