Don’t Keep Kyari in Office While Probe Persists, CSOs Task PSC, IG

• Say Buhari’s anti-graft war suffer credibility crisis
• Task EFCC to initiate criminal proceedings against him

Gboyega Akinsanmi

Civil society organisations (CSOs) yesterday warned the Police Service Commission (PSC) and Inspector General of Police (IG), Mr. Usman Baba against keeping the Commander of the IG Intelligence Response and Monitoring Team, Mr. Abba Kyari while investigation was ongoing.
CSOs, also, warned that failure to handle Kyari’s indictment with transparency and within the ambit of rule of law “can damage what remains of the credibility of President Muhammadu Buhari’s war against corruption.”

These views are expressed in separate responses by a former Chairman, National Human Rights Commission (NHRC), Prof. Chidi Odinkalu; Director, Centre for Public Policy and Research, Dr. Sam Amadi; Head, Transparency International in Nigeria, Mr. Auwal Rafsanjani and Executive Director, Global Rights, Ms. Abiodun Baiyewu to THISDAY’s inquiries yesterday.
Kyari, a Deputy Commissioner of Police (DCP), was one of six people indicted over the alleged plot to defraud a Qatari businessperson of $1.1 million, masterminded by Ramon Abbas (a.k.a Hushpuppi).

The other suspects that were indicated alongside comprise AbdulRahman Juma (Abdul); Vincent Kelly Chibuzo (Kelly); Rukayat Motunrayo Fashola (Morayo); and Bolatito Tawakalitu Agbabiaka (Bolamide).

Kyari, who faces a US arrest warrant, denied any wrongdoing in a statement on Thursday. However, the Nigerian Police force said in a statement it had ordered an internal review of the allegations.

Reacting to Kyari’s indictment yesterday, Odinkalu hoped that the police authorities would do right by the facts of the case brought against Kyari.
Odinkalu, who recently joined the Fletcher School at Tufts University, noted that keeping Kyari in his position as the Deputy Commissioner of Police would not do the Nigeria Police any good given the magnitude of the crime he committed.

He, therefore, said: “I hope they would at least have the good sense to sequester him from further policing role pending the outcome of the review, so-called, that the Inspector-General says he has ordered. Anything less would be worse than ham-handed.”

He, however, observed that an arrest warrant “is not a conviction. That requires a trial. But it indicates that there is probable cause. In a case of white collar crime, it is a significant cause for worry notwithstanding the existence of a presumption of innocence.”
While the legalities of Kyari’s indictment may be dry, Odinkalu said the optics “are not. The idea that there is a transnational warrant out for arguably your most high profile police officer is more than just awful optics.

“It could – and almost certainly would – hamper international co-operation with the Nigerian Police Force concerning white collar crime. That is why the regime would prevaricate on this at their own peril,” Odinkalu noted with grave concern about Kyari’s indictment for Nigeria’s already miry public image.

Amadi, a former Chairman, National Electricity Regulatory Commission (NERC), pointed out that the saga of Abba Kyari would significantly test the credibility and rule of law status of the Buhari administration.

Amadi lamented that the federal government “has been swift in arresting those it considers have violated the law. It has actually been a law and order state, even though it has not been an exemplary rule of law state.

“We expect a quick and measured reaction to the request from the US. The Attorney-General of Police is right to say that Nigeria will follow established international law norms in complying with the judicial order from the US.

“Since Kyari has flatly denied the allegations, the only option is for him to engage lawyers and enter an appearance in the US court. He would probably be granted bail and his lawyers can move to have the case vacated if the evidence against him is spurious or insubstantial.

“What Nigeria should not do is its usual obscurantism, incompetence and the bending of law to protect one person and then put Nigeria into a very serious diplomatic conflict with the US. Sometimes, our government acts to jeopardise public interest in order to protect some of its important personnel.

“This is dangerous and silly. We need not protect Kyari from due process. The Economic and Financial Crimes Commission (EFCC) should actually begin criminal proceedings against him in spite of what happens in the US because his actions may also be a crime in Nigeria.

“Again, the police high command should investigate the relationship between Kyari and Hushpuppi. If there is a real link that is criminal and unconscionable, he should be dismissed with due process,” Amadi suggested.

In her own response, Baiyewu challenged the federal government “to immediately commence an independent investigation of the allegations against Kyari.”

As a sovereign state, Baiyewu emphasised the need for the federal government “to prioritise the integrity of its security forces and ensure that justice is manifestly seen as being done in all cases, especially regarding Kyari.”

She, therefore, observed that the current state of affairs again underscored the need for urgent reforms “to promote accountability, transparency as well as adherence to the rule of law in the Nigeria Police and other institutions.

“Whatever happens from this point on, the core objective of the Federal Government of Nigeria should not be to save face, but to strengthen the moral fibre of its institutions,” Baiyewu tasked the federal government.

Like Baiyewu, Rafsanjani expressed concern that Kyari’s indictment “is very worrisome. Aside, it does not paint a good image of the current anti-graft efforts of the administration of President Muhammadu Buhari.

“This is because Kyari and his team have received credits in the past for solving complex kidnap, terrorism and related insecurity issues, among others. Now to have such a top cop leading such a sensitive unit embroiled in this situation is a wake up call for the Nigeria Police Force as a whole.”

Rafsanjani, also Executive Director, Civil Society Legislative Advocacy Centre (CISLAC), noted that Kyari’s indictment called for the need to deepen reforms proposed by CISLAC and other important stakeholders.

He, also, challenged the Nigeria Police “to strengthen its internal measures and controls like the Complaints Response Unit (CRU) as well as provisions around ethics and integrity contained in the force order and other related frameworks.”

Rafsanjani canvassed the need to prioritise the welfare of police officers, which according to him, should broadly be looked into not just by the police management, but also by the Federal Executive Council and National Assembly.

“This will reduce the vulnerability of police officers to crime and bribes as seen in the bribery survey by the National Bureau of Statistics and the United Nations Office of Drugs and Crime (UNODC) in 2017 and 2019. The survey showed that the police had the highest prevalence of bribery amongst all public officials.

Rafsanjani urged the Nigeria Police “to keep us updated on the outcome of this review and this should not be swept under the carpet.”

He, also, tasked the Police Service Commission (PSC) “to carry out its oversight function on the police in line with it’s lawful mandate. The commission should work with the office of the Inspector General to ensure that the review of Kyari’s indictment is done quickly.

“It is also important to urge officers of the police who are diligently undertaking their duties to continue. We need to get our public institutions and criminal justice system right as well as give them the much-needed support so that we do not face internal and external ridicule as a nation.”