Weeks after ordering the police to investigate Kyari for allegedly receiving 33 proceeds of crime and announcing that a case of money laundering had been established against him, the justice minister issued a piece of new legal advice claiming that there was no evidence that money had been 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 offenses at the 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 The monies were withdrawn and utilized by the aforementioned account holders and the lady.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 offense 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 accuses police of failing to investigate report gap
The DPP, on the other hand, stated the AGF’s revised stance was based on the police report, adding that the police neglected to investigate the gaps identified in the ministry’s investigation.
The ministry did not state there was no proof of money laundering against Kyari, according to Abubakar.
“We said in the absence of the evidence, further investigation is required, and they should continue to try him on the administrative offenses they have identified,” the DPP stated. We suggested that they (police) establish connections to 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.
