Following the recommendation by the Inspector-General of Police, Usman Alkali Baba and the commencement of probe by a special investigation panel, the Police Service Commission (PSC) has approved the suspension of Mr Abba Kyari, a deputy commissioner of police, from service over alleged bribery and fraudulent.
Mr Ikechukwu Ani, Head of Press and Public Relations of PSC, announced this in a statement in Abuja, on Sunday.
Ani said the commission had also directed the Inspector General of Police (IGP), Mr Usman Alkali Bala, to furnish it with information on development in the matter for necessary further action.
Ani said the suspension took effect from July 31 and would subsist pending the outcome of the investigation in respect of Kyari’s indictment by the Federal Bureau of Investigation (FBI).
The suspension followed the recommendation by the IGP to the PSC in a letter dated July 31, 2021.
The IGP, in the letter, had recommended the immediate suspension of Kyari, who was, until suspension, the Head of the Police Intelligence Response Team (IRT), pending the outcome of an ongoing internal investigation against him. In a statement made available to newsmen in Abuja, on Sunday, by the Force Public Relations Officer (FPRO), Frank Mba, the IGP noted that the suspension is expected to create an enabling environment for the NPF special investigation panel to carry out its investigations into the weighty allegations against Kyari without interference.
“The suspension is without prejudice to the constitutional presumption of innocence in favour of the officer,” the statement said.
The statement further revealed that, “the SIP, will comprise of four senior police officers and would be headed by Joseph Egbunike, the Deputy Inspector General of Police incharge of the Force Criminal Investigations Department (FCID).”
It added that, “the SIP, inter alia, is to undertake a detailed review of all the allegations against DCP Kyari by the United States government as contained in relevant documents that have been availed the NPF by the Federal Bureau of Investigation (FBI).
“The SIP is also to obtain a detailed representation of DCP Abba Kyari to all the allegations levelled against him, conduct further investigations as it deems fit, and submit recommendations to guide further actions by the force leadership on the matter.”
Due process must be followed in Kyari’s matter, Falana says
Leading lawyer, Mr Femi Falana, advocated due process in bringing Kyari to justice in the United States.
In an e-statement to Nigerian Tribune, the Senior Advocate of Nigeria (SAN) said the same way due process is being demanded in the cases of secessionists, Nnamdi Kanu and Sunday Igboho, nothing less would also be demanded in Kyari’s case.
He opened with a quote from Lord Atkin in Liversidge v Anderson [1942] AC 206 at 244, which says, “In this country, amid the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace.”
Falana said, “We condemned the abduction of Nnamdi Kanu from Kenya by Nigeria because it did not follow due process. We condemned the attempt by Nigeria to have Sunday Igboho deported from Cotonou without following due process.
“We have also insisted that Abba Kyari cannot be arrested and deported to the United States without following due process.”
Police on trial – Ubani, Edun
A leader of the Bar, Dr Monday Onyekachi Ubani, on Sunday alleged that the Force is filled to the brim with officers that pervert the course of justice for cash. Also reacting, a national leader of the Nigerian Bar, Mr Kunle Edun, said the Force is on trial with the allegation against Kyari. Ubani, who is the chairman of the Nigeria Bar Association (NBA) section on Public Interest and Development Law (NBA-SPIDEL), lauded the suspension of Kyari and said he was surprised that authorities could suspend him from police duties, an action he said is a norm in the public service.
He, therefore, wanted the rare administrative step to become a precedent.
He said, “The step (suspension) taken so far is satisfactory. The purpose of suspension is to have unhindered access to the investigation of the subject to avoid undue interference. It does not mean conviction yet.
“It is a preliminary step in criminal investigation. It is rarely applied in this part of the world because our public officers who are accused of infraction of our laws are seen to be above the law most times. We are surprised that this government took this step which they rarely take. Hope that this should be a precedent from now onwards.
“The result of the investigation will lead to the options available to the government of Nigeria. They have a right to, one, arrest and surrender him to America without the extradition process, two, the subject could opt to surrender himself willingly to America for investigation and to clear his name.
“Thirdly, the subject can be subjected to extradition process, in which case the judiciary shall be involved. The process will involve submission of evidence to satisfy the court of the culpability of the subject before the court will authorise his release to them for the investigation.
“The government can damn any consequence including diplomatic crisis and prefer to investigate and take disciplinary measures they deem appropriate against the subject, in which case the government may have to weigh the consequence of ignoring US’s request for his release.
“In all these options, the government is well advised to examine critically and in detail, the various consequences in whichever option they seek to follow or adopt.”
Edun, who is the national welfare secretary of the lawyers’ body, said, “The steps taken by the Nigerian Police Force are commendable so far. Abba Kyari has been placed on suspension from official duties. Both the IGP and the Police Service Commission are following up with the investigation panel.
“My concern is that the investigation should be transparent and not done secretly. If Abba Kyari is found culpable of the offence then he should be handed over to the FBI to answer the allegations against him. I don’t think FBI would want to rely on the investigation done by the Force.
“It should be noted that it is not Abba Kyari that is on trial but the entire Nigeria Police Force and its personnel. Nigeria is also on trial.
“Abba Kyari is just unfortunate to have been caught. There could be many like him in the Force who act as go in between for criminals or suspicious persons.”
Source: Nigerian Tribune
