Why Malami’s New Legal Advice Of “Sanctification” Of Abba Kyari Will Never Stand

Opinion March 13, 2022

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By Ayo Ademiluyi Esq

I am now seized of the news report of the new legal advice from the Office of the Attorney General of the Federation (AGF), Mr. Abubakar Malami to the effect that the $1.1million Hushpuppi’s internet scam involving suspended Commander of the Police Intelligence Response Team, DCP Abba Kyari and fraudster, Ramon Abass a.k.a Hushpuppi and other accomplices has no hand of Abba Kyari in it.

I am of the firm view that this is executive rascality in the highest expression in the sense that the Office of the AGF in its first legal advice admitted that a prima- facie case of money laundering of 33 payments (proceeds of crime) was established by the DIG Joseph Egbunike(now late)- led Special Investigation Panel against Kyari.

The question to ask is that : why did the Office of the Attorney General of the Federation now turn around to say that KYARI has no case to answer.

This is amidst abundance of video evidence that has gone viral and the ongoing case of drug peddling against the same KYARI by the same National Drug Law Enforcement Agency (NDLEA).

It will be recalled that Kyari and other defendants are currently in court on drugs and money laundering allegations at the Federal High Court Abuja in the charge marked FHC/ABJ/57/2022.

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I submit that the new legal advice with reference number, DPPA/LA/814/21, written on behalf of the AGF by the Director of Public Prosecutions, Ministry of Justice, Mohammed Abubakar which emphasized that the evidence contained in the case diary had no link between DCP Abba Kyari and Hushpuppi can never stand as it stands justice on its head.

It said the evidence contained in the case diary ‘was not sufficient to indicate or show that the said monies (N279million) were laundered directly or indirectly by Kyari to disguise their origin’ adding that ‘the police report on the investigation failed to probe the gaps identified in their investigation by the AGF office’.

The advise 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’ was addressed to IGP Usman Alkali Baba.

It reads, “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.

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“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.”

Consequently, the AGF office advised the IGP and Police management to explore their internal Force Disciplinary organs against Kyari through the Police Service Commission (PSC) which is constitutionally empowered to carry out disciplinary functions 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.

In the new advice, the AGF Officer added that DCP Kyari was also liable to 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 acting on complaints unilaterally 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.

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It would be recall that following the rejection of the initial SIP report submitted by the Police headquarters to the Police Service Commission based on the legal advice of the AGF office, the Force headquarters was directed to carry out a new investigation and submit its new findings on February 25 but this was not done.

From the above, the Office of the Attorney General of the Federation (AGF) and Office of the Inspector General of Police (IGP) are in an unholy alliance to ensure justice does not prevail in the Abba Kyari’s case.

This was also similar to the unholy coalition between the Office of the Attorney General of Lagos State and the Lagos State Police Command in letting off suspects in the Sylvester Oromoni’s case ,which was later reverted , following public outcry.
ANY ATTEMPT TO REPEAT SAME IN BAMISHE AYANWOLA’s CASE WILL NOT BE ALLOWED.

It is high time civil society forces mobilise to streets to ensure impunity does not prevail in this country.