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Fundamental Rights: Court strikes out Abba Kyari’s suit against NDLEA

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A Federal High Court in Abuja has dismissed a fundamental enforcement rights suit filed by suspended DCP Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).

Justice Inyang Ekwo dismissed the suit on Thursday, after counsel for the NDLEA, Joseph Sunday, prayed the court that the matter be struck out.

When the matter was called, Cynthia Ikena, lawyer to Kyari, was absent.

Sunday, NDLEA’s Director of Prosecution and Legal Services, urged the court to strike out the suit.

Justice Ekwo said he was informed that Ikena sent a letter, praying the court for an adjournment.

But the letter was not filed by the lawyer and therefore not in compliance with the court rule.

The judge directed that the letter be shown to the NDLEA’s counsel.

Sunday, who expressed surprise with the development, said he was not copied in the letter in accordance with the rule of the court.

After listening to NDLEA’s lawyer, Justice Ekwo struck out the case.

Also, the judge, after going into the substantive matter and seeing that parties had joined issues in the suit, went ahead to dismiss the case.

It would be recalled that Ekwo had, on March 15, threatened to strike out the fundamental enforcement rights suit following the delay by Ikena to serve Sunday her further and better affidavit after being served with the counter affidavit since Feb. 28.

Justice Ekwo, in a short ruling, had threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.

“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.

According to reports, Kyari had said that the NDLEA’s allegations against him were fictitious.

The suspended DCP disclosed this in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Ekwo.

The affidavit, dated Feb. 16 and filed Feb. 17, was deposed to by Kyari’s younger brother, Muhammad  Usman.

Kyari, through Ikena, had filled the application to seek for his fundamental rights enforcement.

In the document, Kyari described the allegations against him by NDLEA as “trump-up.”

He said the agency had failed to establish a prima facie case against him.

He claimed that the allegation linking him to an international drug cartel by the anti-narcotic agency was untrue.

He said since the Nigerian Police Force arrested him and handed him over to the NDLEA, he had been kept in custody since Feb. 12, without having access to his medical treatment.

He asserted that his arrest and continued detention was an infringement on his fundamental human rights.

Kyari, a former head of the Inspector-General of Police Intelligence Response Team (IRT), in an originating motion on notice marked: FHC/ABJ/CS/182/22, dated Feb. 16 and filed Feb. 17 demanded a N500 million in damages from the NDLEA over alleged unlawful arrest and detention.

He also sought for an order, directing the NDLEA to tender a written apology to him in two national dailies.

Kyari, who said that his fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene, urged the court to grant the application for bail in the interest of justice.

Kyari and his co-defendants, who are police officers, in the alleged drug trafficking charge preferred against them and two others before Justice Emeka Nwite of a Federal High Court, Abuja, are currently in Kuje Correctional Centre based on the order of the trial judge.

(NAN)

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Crime

2 ladies docked for allegedly obtaining money by fraud

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The police in Lagos have dragged two women, Mmesuma Ofunna, and Blessing Adimekwe, before an Ojo Magistrates’ Court in Lagos, over alleged obtaining money by false pretence.

Ofunna, 22, and Adimekwe, 25, were arraigned before the Magistrate, Mr L K J Layeni, on a four-count charge bordering on conspiracy, obtaining by false pretence, stealing and conduct likely to breach peace.

They each, however, pleaded not guilty to the charge.

The prosecutor, ASP Simon Uche, told the court that the defendants conspired with others now at large, to commit the offence on Oct. 26 at the Okokomaiko area of Ojo.

He alleged that they had obtained the sum of N70, 000 from one Faith Ahamefule, with a promise not to post her nude photo on social media.

The prosecutor alleged that the defendants later posted the nude photo of the nominal complainant on social media, knowing that their promise was false.

He alleged that they stole the N70, 0000, thereby conducting themselves in a manner likely to breach public peace.

The offence contravenes the provisions of sections 168(d), 287, 314, and 411 of the Criminal Law of Lagos State 2015.

The court granted the defendants bails in the sum of N500, 000 each, with two sureties each in like sum.

He adjourned the case until Jan. 8, 2025 for mention.

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Mechanic jailed 15 months for pickpocketing passengers

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A Jos Magistrates’ Court on Monday, sentenced a 26-year-old Mechanic, Sadiq Umar to 15 months imprisonment for pickpocketing from passengers.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N100, 000 fine or spend one year in prison.

He also asked him to pay a compensation of N15, 000 or an additional three months in prison in default.

Earlier, the Prosecutor, Insp Ijuptil Thiawur, told the court that the case was reported on Nov.16, at the “A” Division Police station by Moses Pam, Alexander Bakshak and Simon Justice the complaints.

Thiawur said that the convict attempted to steal from them before he was caught in the act and when the driver stopped the vehicle to search him he fled but was caught.

The Police said that the offence contravened the Plateau Penal Code Law.

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Police detain 2 suspected fraudsters, reject N66m bribe in Lagos

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Police rescue 14 passengers from bandits in Jibia

The Zone-2 Police Command in Lagos says it has detained two suspected international fraudsters that allegedly specialised in forging foreign certificates in Lagos and Ghana.

The AIG in charge of the zone, Adegoke Fayaode, confirmed this to the News Agency of Nigeria (NAN) on Monday.

Fayoade said that the suspects allegedly offered N66m to the operatives with a view to free them but the offer was turned down.

NAN reports that the same zone operatives rejected a N174m bribe offered by a suspect in November to set him free.

Fayoade said that the suspects simply identified as Elvis, 23 and Kelly, 24, allegedly specialised in forging certificates of different nations and African Universities and defrauding their unsuspecting victims on the internet.

He said that the suspects have succeeded in acquiring exotic cars and erecting mansions in different parts of the country with the proceeds of their loot.

The AIG pointed out that luck ran out of the suspects after detectives at the Anti-Corruption Unit of the Zone received credible information from Nigerians in diaspora concerning some group of boys that specialised in forging foreign certificates.

According to him, on getting the information, he detailed the anti-corruption unit to investigate it and arrest the suspects without delay.

Fayoade said that based on his directives, the detectives stormed Murtala Muhammed International Airport, Ikeja, Lagos waiting for the arrival of the suspects, whom they trailed to a five star hotel at Osapa-London in Lekki Area.

He said that the operatives arrested the suspects at a bus stop while they were about to escape secretly from the hotel, after monitoring their activities.

“Searching their luggage, one certificate of Blue Crest College, Ghana, belonging to Elvis and a student identity card of Academic City College belonging to Kelly were recovered.

“Further search revealed a transcript of an academic record from Blue Crest University belonging to Elvis.

“A letter of English proficiency from the said college and a letter of recommendation from the same Blue Crest College were recovered,” he said.

The AIG said that the suspects made useful statements to the police and confessed that they never got any admission into the school, stressing that they only procured the degree certificates through the help of a female Nigerian resident in Ghana.

“The suspects further confessed that the major aim of doing that is to enable them to get Ghana resident permit, which they got.

“The resident permit is showing them also as a student of Academic City University and that none of them has ever been admitted in the school.

“They claimed they paid a total of 26,000 Ghana Cedis for all the documents procured.

“They confessed that they procured all the documents to evade arrest in Ghana since they don’t have any means of livelihood.

Whenever police intercepted them, they showed their passports that they were students in Ghana.”

Fayoade said that the suspects were also allegedly involved in online romance scam, provision of foreign bank accounts for fraudulent transactions on the internet through what they call ‘Facebook bombing’.

He said the suspects presented themselves as an American soldier by name Captain Donald Rowe, serving in Syria, whom they impersonated on Instagram, using his name to defraud innocent persons.

The AIG said that while detectives were making frantic efforts to get more credible information from the suspects, they started negotiating to bribe the operatives for them to be set free.

“I directed my men to play along and recover the money as an exhibit. Subsequently, the detectives played along and the suspects paid them a sum of N66m, which they collected and kept as an exhibit.

“The Nigeria Police authorities have written to the Ghana embassy to get more information about the result and their suspected partners in Ghana said to be spearheading the fraud.

Fayoade said that they had also spread their dragnets through the International Police, Interpol, to round up their foreign accomplices.

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