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I granted Kyari bail because he refused to escape from prison — Judge 

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…Ex-super cop to remain in prison despite N50 million bail

Justice James Omotosho of the Federal High Court sitting Abuja said Abba Kyari was granted bail because he refused to escape when they had the chance to do so during the Kuje Prison attack.

Recall that armed terrorists bearing machine guns and improvised explosive devices last year July attacked the Kuje Medium Security Correctional Centre in Nigeria’s Federal Capital Territory, setting free dangerous criminals numbering more than 400.

The Judge ruled that the former Head of the Intelligence Response Team of the Nigeria Police Force, Abba Kyari’s  refusal to escape when about 90 per cent of the inmates escaped, “has proven that Kyari is ready to face any allegation against him.

“All the allegations are bailable and he is not a flight risk,” he declared.

Kyari was granted conditional bail in the sum of N50 million with two sureties in like sum, adding that the sureties must have property worth N250 million within the court’s jurisdiction, among other conditions.

The NDLEA had filed a 24-count charge marked: FHC/ABJ/CR/408/2022 against Kyari and two of his siblings – Mohammed Baba Kyari and Ali Kyari – in respect of which they were arraigned last month.

The judge held that even when Kyari meets the bail conditions, the endorsement of his release warrant would be subject to development in a sister case pending before Justice Emeka Nwite in which he is being tried with four others on alleged drug deal.

The judge said NDLEA did not controvert the argument, adding that the failure to counter the submission was an admission by the anti-drug agency.

Justice Omotosho held that the offence with which he was being charged was a bailable one.

Kyari had been denied bail twice in the other case pending before Justice Nwite.

His two siblings were earlier granted bail by Justice Omotosho.

The National Drug Law Enforcement Agency (NDLEA) had declared the former super cop wanted over his alleged involvement in a 25kg cocaine deal.

He was subsequently arrested and arraigned in court, which ordered his remand in Kuje Prison, Abuja.

The police had set up a panel to probe the conduct of the former head of the Intelligence Response Team (IRT) of the Inspector General of Police.

He was subsequently suspended from the Force.

The NDLEA had alleged that Kyari and his men, unlawfully tampered with 21.25kilograms worth of cocaine that they seized from the two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- even as it also accused them of dealing in cocaine worth 17.55kg.

It alleged that the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004. The court had earlier denied the Defendant’s bail, even as it ordered their remand at Kuje Prison.

The NDLEA’s revelation came months after the Federal Bureau of Investigation (FBI) indicted Kyari for conspiring with convicted fraudster and social media influencer, Ramon Abbas, popularly known as Hushpuppi, in a $1.1 million scam targeting Qatari business people.

Hushpuppi, who is known for his luxury life, was arrested in the UAE in June 2020 alongside 11 of his associates over allegations bordering on hacking, impersonation, scamming, banking fraud, and identity theft.

Recall that Ramatu, wife of Kyari, collapsed at the lobby of the Federal High Court in Abuja, on March 14, 2022.

The incident occurred after the judge adjourned the suit till March 28, to decide on the bail applications.

On July 5, 2022, gunmen attacked the Kuje correctional facility and freed over 500 inmates, including suspected members of Boko Haram.

Although there were rumours that former top cop and other “high profile” inmates escaped, Abubakar Umar, spokesperson of the Nigerian Correctional Service (NCoS), denied the claim.

Moving a bail application at the court session, Kyari, through his lawyer, Onyechi Ikpeazu, told the court that he had the opportunity to escape but declined to do so.

Crime

Police admit officer shot man killed on Lagos fuel queue

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The Lagos State Police Command has admitted that one of its officers is responsible for the death of a young man, Toheeb Eniafe.

Toheeb was shot on Wednesday at a petrol station belonging to the Nigerian National Petroleum Company Limited at Obalende in the Ikoyi area of Lagos State.

Eniafe was reported to have been shot dead while he and some others were resisting the move by some security agents to buy fuel without joining the queue.

The state Police Public Relations Officer, SP Benjamin Hundeyin disclosed this on Thursday.

He said, “The person behind the shooting has been identified as a police officer serving at Special Protection Unit (SPU) Base 17, Lion Building, Lagos.

“Investigation is still ongoing and further findings will be made available.

“Meanwhile, the Lagos State Police Command is working with the family of the deceased to ensure that there is no miscarriage of justice,” the PRO stated.

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Crime

Internet fraudster bags seven years in Port Harcourt

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Justice P.M Ayua of the Federal High Court sitting in PortHarcourt, Rivers State has convicted and sentenced one Odinakachi Prince Onyeoziri to seven years imprisonment.

He was jailed after pleading guilty to three-count charges bordering on internet fraud contrary to Section 14 (1) of the Cybercrimes (Prohibition, Prevention etc) Act, 2015 and punishable under the same Section.

One of the count charges reads: “That you, Odinakachi Prince Onyeoziri, and Solmyr (atlarge) between June, 2021 to November, 2022 within the jurisdiction of this Honourable Court knowingly caused your victims loss by inputting or suppressing data in computers thereby benefiting the aggregate sum of $3000 (Three thousand United States Dollars) and thereby committed an offence contrary to section 14(1) of the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 and punishable under the same Section.”

He pleaded “guilty” to the charges when they were read to him.

In view of his guilty pleas, prosecuting counsel, I. Agwu sought to review the facts of the case through the investigating officer,  Abalaka Stephen, an operative of the Commission. While being led in evidence, he told the court that the defendant was arrested by operatives of the Commission following a written petition by the Federal Bureau of Investigation, FBI, against the defendant for alleged internet fraud activities. He was thereafter apprehended sometime in February, 2024 at Owerri, Imo State.

Testifying further, he told the court that the defendant in his voluntary statement to the EFCC, confessed to being into internet fraud, spreading of computer virus, spamming and also causing his victims losses by inputting data in computers. He confessed benefiting an aggregate sum of Three Thousand United States Dollars ($3,000) by representing himself to unsuspecting victims as different individuals

Agwu, thereafter, sought to tender in evidence, the statements, and all the items recovered from the defendant. The court thereafter admitted the evidence and were marked as exhibits.

Thereafter, the trial judge declared him guilty as charged.

Defence counsel, B. Onuoha, on the other hand prayed the court for leniency. He appealed to the court to temper justice with mercy, considering his status as a first-time offender, and remorse for his actions.

Justice Ayua sentenced him to seven years imprisonment cumulatively with Three Million Naira (3,000,000.00) as an option of fine payable into the Consolidated Revenue Account of the Federal Republic of Nigeria.

In addition, the judge ordered that, items recovered from the convict, two laptops, a mobile device, Toyota Highlander with Registration: NKR 736 AA, two story buildings containing six units of two bedroom flats should be forfeited to the Federal Republic of Nigeria. Additionally, the convict shall depose an affidavit of good behaviour before the court.

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Crime

Naira mutilation: Court adjourns Cubana’s trial till June 5

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Justice Kehinde Ogundare of the

Federal High Court sitting in Ikoyi, Lagos, on Thursday,  May 2,  2024 adjourned further hearing in the trial of Pascal Okechukwu, a.k.a. Cubana Chief till June 5,  2024.

Okejukwu was arraigned on Wednesday, April 17, 2024 by the EFCC on a three-count charge bordering on abuse of the Naira.

One of the counts reads: “That you, Okechukwu Pascal, on 13th February, 2024, at Eko Hotel Hotel, Victoria Island, Lagos, within the jurisdiction of this Honourable Court, while dancing during a social  event, tampered with funds in the denomination of N500(Five Hundred Naira) issued by the Central Bank of Nigeria by spraying, thereby committed an offence contrary to and punishable under Section 21(1) of the Central Bank Act, 2007.”

Another count reads: “That you, Okechukwu Pascal, sometime in 2020, in Lagos, within the jurisdiction of this Honorable Court, during a social event tampered with funds in the denomination of N500( Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same for two hours and you thereby committed an offence contrary to and punishable under Section Section 21(1) of the Central Bank Act, 2007.”

At the resumed sitting of the court on Thursday, Okechukwu  through his lawyer, Chikaosolu Ojukwu, SAN, told the court about a plan of his client to enter a plea bargain with the EFCC.

Ojukwu also sought to withdraw his  earlier preliminary objection filed on April 24, 2024, challenging the jurisdiction of the court to entertain the charge. “In the interest of justice, we are urging the court to strike out the motion because the prosecution has not responded to it,” he said.

The prosecution counsel did not oppose the withdrawal of the application.

Consequently, Justice Ogundare struck out the application, having been withdrawn by the defence, and also  adjourned the case till June 5, 2024.

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