Crime

NDLEA Charges May Stall Abba Kyari’s Extradition To US

Published

2 years ago

March 4, 2022

…SANs Disagree Over Extradition

The attempt by the Federal Government to extradite embattled Deputy Commissioner of Police, Abba Kyari, may have hit a brick wall as there are pending charges against him before a Federal High Court by the National Drug Law Enforcement Agency.

Kyari has been in NDLEA custody since February 14 for attempting to sell 25kg of cocaine which was seized from some drug dealers. The NDLEA had also accused him of being a drug kingpin.

The Attorney-General of the Federation, Abubakar Malami (SAN), had in a statement by his Media Aide, Umar Gwandu, on Thursday stated that the Nigerian government was willing to extradite Kyari to the United States where he has been indicted for his role in an international fraud involving notorious scammer, Ramon Abbas aka Ray Hushpuppi.

“After thorough studies and reviews of issues regarding the application and components thereof, the office of the Attorney-General of the Federation and Minister of Justice processed the application and forwarded same to the relevant authorities for further necessary action,” the statement read.

However, a few hours later, the NDLEA revealed that it had filed eight counts against Kyari before a Federal High Court on Monday and that Kyari would be arraigned on March 7.

In a tweet on Thursday, the drug enforcement agency said, “Please note that the charges against Abba Kyari and six others were filed by the NDLEA since Monday, February 28, 2022, the case since assigned to a judge with arraignment fixed for Monday, March 7 at the Federal High Court 8, Abuja.”

A copy of the charge sheet marked FHC/ABJ/CR/57/2022 filed at the Federal High Court in Abuja and signed by NDLEA Director (Prosecution and Legal Services), Joseph Sunday, showed that those charged along with Kyari were an Assistant Commissioner of Police, Sunday Ubua; Assistant Superintendent of Police, Bawa James; Inspector Simon Agirigba; Inspector John Nuhu; Chibuinna Patrick Umeibe and Emeka Alphonsus Ezenwanne.

In count one, Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all of Intelligence Response Team were said to have between January 19 and 25 dealt in 17. 55kg of cocaine and committed and offence contrary to and punishable under section 14 (b) of the National Drug Law Enforcement Agency Act, CAP 30 Laws of the Federation of Nigeria 2004.

One of the counts read, “That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male adults on or about the 19th to 25th January 2022, within the office of the Inspector-General of Intelligence Response Team, Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35kg of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody of the Inspector-General of Police Intelligence Response Team, by removing and disposing 17.55kg of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.”

Another charge reads, “That you DCP Abba Kyari, on or about 25th January 2022, at a restaurant on Port Harcourt Crescent, Area 11, Garki Abuja, within the jurisdiction of the court, attempted to obstruct the Agency and its authorised officers in the exercise of their duties by offering the sum of $61,400.00 USD (sixty-one thousand, four hundred United States of America Dollars) to a senior officer of the Agency as inducement to prevent the testing of the 17.55kg of substance used to replace the cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne and thereby committed an offence contrary to section 23 and punishable under section 49 of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.”

SANS react

In separate interviews with The PUNCH on Thursday, some Senior Advocates of Nigeria said that the extradition of Kyari could be deterred following the official charges filed against him by the NDLEA.

The senior advocates added that the suspended DCP, if found guilty in Nigeria would have to serve his term before being allowed to leave the country for the US to answer for his crimes

Mr. Yomi Aliyu (SAN) said, “I think before Christmas of 1931, Great Britain signed an extradition treaty with the US on behalf of Nigeria. The said treaty covers every British colony. Since the crime for which Kyari is wanted in the US as merely an accomplice and more importantly because the crime took place in Nigeria the AGF may decide to charge him to court for the offence in a Nigerian Court.

“It is also an important provision of the law that if the person sought to be extradited is serving terms for another offence in Nigeria or charged for an offence the defendant cannot be extradited until the conclusion of the term or case.

“However, it is not the duty of the AGF to say that the person is facing a charge or that is on trial for another offence. The AGF is to file an application for extradition in Court. It is left for the defendant to raise the defence and when raised, the Judge has discretion to determine whether or not the purported trial is fluke!”

Also, Mr. Ebun-Olu Adegboruwa (SAN), in an interview with The PUNCH argued that the fresh charges by the NDLEA were part of a plot to shield the suspended DCP from extradition to the US.

Adegboruwa argued that as long as Kyari is facing charges in Nigeria, he cannot be extradited.

According to the learned silk, the Inspector General of Police, Usman Baba had earlier displayed reluctance in the investigation of the cases of corruption Kyari was embellished in.

“There is a belief that the charges filed are a purported conspiracy theory to shield Abba Kyari from extradition. The Inspector General of Police was reluctant in investigating the cases of corruption Kyari was embellished in.

“What we see from the AGF is just part of the widely believed theory. And of course, the fresh charges will prevent him from being extradited. You cannot be extradited when you are answering to fresh charges.”

Police begin dismissal process

Meanwhile, The PUNCH learnt that the Nigeria Police Force had begun the formal process of dismissing Kyari from the Force. This comes barely a month after the police recommended that Kyari be demoted by one rank for his alleged links to Hushpuppi.

The PUNCH learnt that a query was sent by the police to Kyari and others in NDLEA detention. Recommendations are expected to be forwarded to the Police Service Commission soon after.

“A query was issued to Kyari and others by the police earlier in the week. This is part of the formal process for his eventual dismissal ahead of his prosecution. The Police Service Commission is expected to endorse the report by the police and dismiss him from the Force. Serving policemen cannot be arraigned,” said a security source.

Human rights and Senior Advocate of Nigeria, Dr Mike Ozekhome, SAN has said the charges filed against suspended DCP, Abba Kyari by the National Drug Law Enforcement Agency will put the latter’s extradition process on hold.

Ozekhome who spoke in an interview with The PUNCH said, “Considering the wide powers of the Attorney General of the Federation as stipulated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered), the Hon. Attorney General can exercise his duty to institute an action against Abba Kyari after thorough study and review of the issue regarding the order of arrest by Judge (Otis Wright) of the U.S. District Court.

“Considering the fact that Section 251 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered) vests the Federal High Court with jurisdiction to the exclusion of all other courts in civil causes and matters connected with or pertaining toextradition. In addition, the court can also ensure a provisional trust warrant for the arrest of a fugitiveaccused of an extradition offence or unlawfully at least after being convicted of an extradition offence without an order of the Attorney General as required under section 6 if the information and evidence presented to him are such that will justify the issue of a warrant if the offence had been committed in the division where he has jurisdiction.”

PUNCH.

Crime

Police Declare Man Wanted Over Homos*xual Act

Published

11 months ago

June 22, 2023

Editor

A 50-years old man, Edo Omusi, has been declared wanted by the police in Benin City, the capital of Edo State, for disappearing after being ‘caught’ in a same s*x act in Ogiso community.

A source close to the police in the state, told our correspondent that the suspect, and one of his male friends, whose name was not given, were sighted at an undisclosed location by some youths as they were comitting the act.

Under Nigerian Laws, any person caught in the gay act is liable to 14 years in prison and if found by the community could be killed.

The duo were said to have been deeply engrossed in the act when they were found but before the person who saw them in the , “sinful and abominable act”, went for back up, they had escaped the location.

The incident which occurred on 25/4/23 at Ogiso area of the town almost threw the community into a turmoil as irate youths welding sticks and cudgels rampaged the community in search of the duo to lynch them.

It was also learnt that worried by the trend the youths in the community had to set up a surveillance team to monitor his movements. It was on one of the surveillance trips that he was reportedly caught on the fateful day, with the unidentified male partner.

It was gathered since the community reported the incident to the police, the whereabouts of the suspect, Edo Omusi has since remained unknown by all and sundry.

Speaking on the development, a top Police official confirmed the matter and explained that the Crime Investigation Department of the command is working round the clock to arrest the suspect, having declared him a wanted person.

Crime

Man, 41, Sent To Prison For Groping Woman’s Breast

Published

1 year ago

April 14, 2023

Editor

A Badagry Magistrates’ Court, Lagos, on Friday, ordered the remand of a 41-year-old man, Ibrahim Lemo, for groping the breast of a woman.

The court heard that Lemo beat up his victim, Zainab Babalola, when she demanded he stopped the unlawful act

Chief Magistrate Fadahunsi Adefioye remanded Lemo after he pleaded guilty to a two count bordering on assault.

Adefioye ordered that the defendant should be remanded in Awhajigoh Correctional Centre, Badagry.

He adjourned the case until April 14 for facts and sentencing.

Earlier, the prosecutor, ASP. Clément Okuoimose, told the court that the defendant committed the offences on April 6 at 2.30 p.m. at Badagry Roundabout shopping complex, Badagry, Lagos.

Okuoimose said Lemo without lawful excuse pressed the breast of the complainant, Zainab Babalola.

He said the defendant also hit the complainant on her left eye and caused her harm after she asked him not to touch her again.

The prosecutor said the offences contravened Sections 134 and 170 of the Criminal Law of Lagos State, 2015.

(NAN)

Crime

Hushpuppi’s Associate, Woodberry, Pleads Guilty, Forfeits $8m, Assets

Published

1 year ago

April 13, 2023

Editor

Olalekan Jacob Ponle, known as Mr Woodberry, has pleaded guilty to wire fraud.

He also agreed to forfeit $8 million in proceeds of wire fraud as well as luxury cars and watches to the foreign government.

Woodberry, a known associate of the now-imprisoned internet fraudster, Ramon Abbas, better known as Hushpuppi, recently in a plea declaration submitted at the United States District Court of the Northern District of Illinois Eastern Division on April 6, pleaded guilty to count one of the indictments, the Peoples Gazette reports.

According to his plea agreement, he is required to pay back the sum of $8 million he fraudulently received from the seven companies that he scammed.

“Defendant understands that by pleading guilty, he will subject to forfeiture to the United States all right, title, and interest that he has in any property constituting or derived from proceeds obtained, directly or indirectly, as a result of the offence,” stated the document containing Mr Ponle’s signed plea declaration.

Woodberry was also asked to waive his rights to the luxury cars, and designer watches he had stashed in Dubai.

The high-end automobiles include Rolls Royce Cullinan with vehicle no J9153, Lamborghini Urus (N4973) and Mercedes-Benz G-class (G68816).

Other items seized are four Rolex watches, one Patek Philippe watch, three Audemars Piguet watches, three gold and diamond-studded earrings, and six gold neck chains.

Last year, he forfeited 151.8 Bitcoin to the American government.

On June 10, 2020, Woodberry was arrested in Dubai alongside Ramon Hushpuppi Abbas, who is currently serving an 11-year sentence for a similar fraud charge.

Prior to his arrest, Woodberry was known for rocking and flaunting expensive designer wear and showing off his illicit wealth to his massive Instagram followers, the majority of whom had no idea his luxury lifestyle was funded by cybercrime.