There are strong indications that the Attorney-General of
the Federation and Minister of Justice, Abubakar Malami, SAN, may be plotting
to save a former Commander of the Police Intelligence Response Team, Abba
Kyari, from facing criminal prosecution for alleged money laundering.
Weeks after directing the police to probe him for allegedly
receiving 33 proceeds of crime, stating that a case of money laundering had
been established against Kyari, the justice minister in a new legal advice said
there was no evidence to show that money was laundered by the senior police
officer.
Kyari, a Deputy Commissioner of Police, who is wanted in the
United States for alleged involvement in a $1.1m scam carried out by a
notorious Internet scammer, Ramon Abass, aka Hushpuppi, was suspended by the
police last July.
He is also 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, Sunday Ubia, Bawa James, Simon Agirigba and John
Nuhu.
Two other suspects arrested at the Akanu Ibiam International
Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were
also listed as defendants.
Sequel to the report of the Special Investigation Panel
which probed Kyari’s alleged links to Hushpuppi, the AGF affirmed in January
that investigations carried out by the police indicted the former IRT commander
for money laundering.
Malami, in a legal advice, therefore, directed the
Inspector-General of Police, Usman Baba, to carry out further investigations,
noting that a prima facie case of money laundering had been established against
the DCP.
He also said the force should intensify investigation into
33 crime proceeds received by the ex-IRT commander.
Our correspondent had reported that police
investigations revealed how the international scammers led by Hushpuppi paid
N235,120,000 to Kyari’s younger brother.
The police report also said Kyari equally funnelled N44
million into his sibling’s bank account in multiple transactions.
The AGF’s legal advice read in part, “That there exists
prima facie case of conspiracy, collaboration, receipt, conversion, transfer
and/or retention of proceeds of unlawful activities contrary to the provision
of sections 15, 17 & 18 of the Money Laundering (Prohibition) Act, 2004 and
Section 17 of the Economic and Financial Crimes Commission (Establishment) Act,
Cap E, Laws of the Federation of Nigeria, 2004, against DCP Abba Kyari and
other suspects in view of the overwhelming evidence showing the nature of his
disguised financial transactions and activities with Abbas Hushpuppi, Efe
Martins, Usman Ibrahim Waziri, Sikiru Adekoya, Hussaini Ala and Sharon Festus,
who are all confirmed members of an international Internet fraud network.
“Although the facts and circumstances of this case as
contained in the case file are suggestive to money laundering offences against
DCP Abba Kyari and his accomplices namely: Abbas Hushpuppi, Efe Martins, Usman
Ibrahim Waziri, Sikiru Adekoya, Hussaini Ala and Sharon Festus; to successfully
prosecute them, there is a need for a more thorough dissecting and tracing of
the suspected 33 proceeds of crime received by DCP Abba Kyari directly or
indirectly through the said accomplices.”
However, Malami, in his latest advice contradicted his
January directive that Kyari should be probed for money laundering and for
receiving 33 proceeds of crime.
In a letter dated February 4, 2022, with reference number,
DPPA/LA/814/21, the AGF sought to exonerate the embattled senior officer,
saying there was no link between Kyari and the Hushpuppi gang.
According to the letter written on behalf of the AGF by the
Director of Public Prosecutions, Ministry of Justice, Mohammed Abubakar, the
evidence contained in the case diary “was not sufficient to indicate or show
that the said monies (N279mn) were laundered directly or indirectly by Kyari to
disguise their origin.”
The new position of the attorney-general was contained in a
letter titled, ‘Re: Forwarding of the investigation report of the Nigeria
Police Force Special Investigation Team and request for legal advice with
regards to allegations of criminal conspiracy, aiding and abetting Internet
fraud, wire fraud, identity theft and money laundering against DCP Abba Kyari’.
The letter addressed to the IG, read in part, “I am directed
to inform you that after a careful study of the said response wherein you
stated that ‘the monies have been traced to Zenith Bank account no. 2255416115
belonging to Usman Ibrahim Waziri; Guaranty Trust Bank account no. 0130665392
belonging to Adekoya Sikiru; Zenith Bank account no. 2080537566 belonging to
Hussein Ala and other funds went to Sharon Festus. The monies were withdrawn
and utilised by the aforementioned account holders and the lady.
“It is our view that the above response has not linked the
suspect, DCP Abba Kyari, to the offence of money laundering as the evidence
contained in the case diary is not sufficient to indicate or show that the said
monies were laundered directly or indirectly by Kyari to disguise their origin,
more so that the aforementioned recipients or receivers exonerated him in their
statements as having nothing to do with the monies.”
The justice minister said the police might wish to explore
their internal disciplinary measures against Kyari through the Police Service
Commission for breaching the code of conduct for law enforcement officers by
hobnobbing with suspected fraudsters and people of questionable means in his
capacity as a senior officer and head of the IRT.
Malami also said Kyari could be sanctioned for violating the
social media policy of the police by responding to the Federal Bureau of
Investigation’s indictment on Facebook; breaching the Police Code of
Professional Ethics by accepting complaints and acting on such without recourse
to established protocol and detaining a suspect, Vincent Chibuzor, for over a
month without a valid court order and regards to his fundamental human rights.
DPP blames police for
not probing gaps in report
But the DPP said the AGF’s new position was based on the
police report, noting that the police failed to probe the gaps identified in
their investigation by the ministry.
Abubakar insisted that the ministry did not say there was no
evidence of money laundering against Kyari.
The DPP stated, “We said in the absence of the evidence,
further investigation is needed and they should go ahead to try him on the
administrative offences they have identified. We said they (police) should
establish linkages – the money trail.
“Instead of them to go and investigate further the gaps we identified,
they didn’t. They just wrote back to say ‘check paragraphs so and so’. We are
saying no, those paragraphs did not sufficiently establish the things we say
you should establish.”
Meanwhile, the police have yet to submit a fresh report on
Kyari as directed by the PSC.
The commission had rejected the police investigation on
Kyari carried out by the SIP led by DIG Joseph Egbunike. It ordered a fresh
one, which should have been submitted on February 25.
Despite establishing the fact that a total of N279.120mn
flowed to the younger Kyari’s bank account at various times from the cyber scam
syndicate members, the panel failed to invite or interrogate him.
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