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Malami Makes A U-turn, Says No Evidence Kyari Laundered Money For Hushpuppi

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There are strong indications that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, may be plotting to save a former Commander of the Police Intelligence Response Team, Abba Kyari, from facing criminal prosecution for alleged money laundering.

Weeks after directing the police to probe him for allegedly receiving 33 proceeds of crime, stating that a case of money laundering had been established against Kyari, the justice minister in new legal advice said there was no evidence to show that money was 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 Federal High Court, Abuja.

The other defendants in the charge marked FHC/ABJ/57/2022 are four members of the IRT, Sunday Abia, Bawa James, Simon Agirigba, and John Nuhu.

Two other suspects arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were also listed as defendants.

As a sequel to the report of the Special Investigation Panel which probed Kyari’s alleged links to Hushpuppi, the AGF affirmed in January that investigations carried out by the police indicted the former IRT commander for money laundering.

Malami, in legal advice, therefore, directed the Inspector-General of Police, Usman Baba, to carry out further investigations, noting that a prima facie case of money laundering had been established against the DCP.

He also said the force should intensify investigation into 33 crime proceeds received by the ex-IRT commander.

Our correspondent had exclusively reported that police investigations revealed how the international scammers led by Hushpuppi paid N235,120,000 to Kyari’s younger brother.

The police report also said Kyari equally funneled N44mn into his sibling’s bank account in multiple transactions.

The AGF’s legal advice read in part, “That there exists prima facie case of conspiracy, collaboration, receipt, conversion, transfer and/or retention of proceeds of unlawful activities contrary to the provision of sections 15, 17 & 18 of the Money Laundering (Prohibition) Act, 2004 and Section 17 of the Economic and Financial Crimes Commission (Establishment) Act, Cap E, Laws of the Federation of Nigeria, 2004, against DCP Abba Kyari and other suspects gave the overwhelming evidence showing the nature of his disguised financial transactions and activities with Abbas Hushpuppi, Efe Martins, Usman Ibrahim Waziri, Sikiru Adekoya, Hussaini Ala and Sharon Festus, who are all confirmed members of an international Internet fraud network.

“Although the facts and circumstances of this case as contained in the case file are suggestive to money laundering offenses against DCP Abba Kyari and his accomplices namely: Abbas Hushpuppi, Efe Martins, Usman Ibrahim Waziri, Sikiru Adekoya, Hussaini Ala, and Sharon Festus; to successfully prosecute them, there is a need for a more thorough dissecting and tracing of the suspected 33 proceeds of crime received by DCP Abba Kyari directly or indirectly through the said accomplices.”

However, Malami, in his latest advice contradicted his January directive that 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 blames police for not probing gaps in the report
But the DPP said the AGF’s new position was based on the police report, noting that the police failed to probe the gaps identified in their investigation by the ministry.

Abubakar insisted that the ministry did not say there was no evidence of money laundering against Kyari.

The DPP stated, “We said in the absence of the evidence, further investigation is needed and they should go-ahead to try him on the administrative offenses they have identified. We said they (police) should establish linkages – 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.

BIG STORY

National Assembly Passes Life Imprisonment Bill For Nigerian Drug Traffickers

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In a bid to tackle drug-related crimes, the National Assembly has amended the National Drug Law Enforcement Agency (NDLEA) Act, introducing life imprisonment for drug offenders and traffickers.

This comes after the Senate and House of Representatives adopted the harmonised report on the amendment.

Senator Tahir Monguno, Chairman of the Senate Conference Committee, presented the report, highlighting that the amendment introduces stricter penalties to deter drug-related crimes.

“Any person who unlawfully engages in the storage, custody, movement, carriage or concealment of dangerous drugs or controlled substances and, while doing so, is armed with an offensive weapon or disguised in any manner, commits an offence under this Act and is liable, upon conviction, to life imprisonment,” Monguno said.

The Senate approved the amendment through a voice vote during Thursday’s plenary, which was presided over by Deputy Senate President Barau Jibrin.

In addition, the Senate passed the Revenue Mobilisation, Allocation, and Fiscal Commission Bill, 2024, aimed at replacing the 2004 RMAFC Act. Yahaya Abdullahi, Chairman of the Senate Committee on National Planning and Economic Affairs, stressed the need for the commission’s reform, citing Nigeria’s declining revenue and increasing population.

“The Act, last revised over 20 years ago, no longer reflects Nigeria’s evolving economic realities. This bill proposes additional funding and a restructured operational framework for the commission to improve its efficiency,” Abdullahi explained.

He further emphasised the need for adequate funding from the Federation Account for the RMAFC to effectively carry out its constitutional duties.

The bill, passed after deliberations and a majority vote, now awaits President Bola Tinubu’s assent to become law.

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BIG STORY

UPDATE: We’re Ready To Provide Evidence For Trial Of Simon Ekpa — Enugu Government

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The Enugu State Government has expressed its readiness and willingness to provide evidence to assist in the prosecution of Simon Ekpa, who was arrested in Finland on Thursday over allegations of sponsoring terrorism in Nigeria.

Enugu State Government made this offer in a statement released by the Secretary to the State Government, Prof. Chidiebere Onyia, on Friday.

In the statement, the Enugu State Government also commended the Government of the Republic of Finland for the arrest of Ekpa, whom it described as “the Finland-based leader of the criminal gang, Autopilots.”

The Enugu State Government further referred to Simon Ekpa as “a common criminal, con man, and terrorist, who has no interest of Igbo people at heart.”

It added that Ekpa “is a murderer and fraudster, who delights in killing his people and living large off their misery.”

“Enugu State was ready and willing to provide evidence of Ekpa-sponsored atrocities against Ndigbo to aid his trial and conviction, whether in Finland or Nigeria.”

“The Enugu State Government welcomes the arrest of the Finland-based terrorist, Simon Ekpa.”

“His arrest and trial will no doubt go a long way in strengthening peace, security, and stability in all parts of the South East.”

“This arrest is in line with the demand of Governor Peter Mbah Administration, which has repeatedly made it known that Ekpa is a megalomaniac, common criminal, murderer, and fraudster, who takes joy in feeding fat on the manipulated emotions of Ndigbo and inflicting misery on the South East region.”

“Ekpa has for long, and unfortunately from Finland, made a living by creating a siege climate and mentality in the South East, destroying lives, property, and the Igbo trademark of entrepreneurship and hard work.”

“He thrives on manipulating, exploiting, and extorting the people on the pretext of fighting for their interest and for the restoration of Biafra,” the government said.

Ekpa was arrested and detained alongside four other suspects by the government of Finland on charges of sponsoring terrorism in Nigeria, according to local newspapers in the European country.

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BIG STORY

Much Ado About Meddlesome Minions, And Messengers Of Misinformation — By Tayo Williams

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There is a growing phalanx of pseudo-intellectuals parading the social media space with faux and fictitious knowledge of the indigenous oil and gas industry, and it is scary because of the grave danger they portend and present for the average Nigerian.

From X (formerly known as Twitter) to Facebook and even the photos and videos-sharing site, Instagram, they abound, in their inglorious number, lending their platforms to deliberately distort facts and spread misinformation especially to favour the narratives propounded by popular Nigerian businessman Aliko Dangote, owner of the Dangote Petroleum Refinery.

Since the refinery began operations earlier in the year, it has been one week, one controversy allegedly orchestrated by Dangote in a brazen attempt to arm-twist the Nigerian National Petroleum Corporation Limited, NNPCL, into playing by his rules.

Those conversant with the modus operandi of Dangote and his refinery say the long-drawn warfare with every institution and individual in the oil and gas value chain is nothing but a self-seeking and mindless profit maximisation tactic.

Whilst nobody begrudges Dangote’s drive for profit as a businessman, perhaps he needs to be reminded that the NNPC has a mandate to ensure and provide energy security in a way that is affordable and sustainable for the generality of Nigerians. And, the NNPCL management has declared in very unambiguous terms that it would not pander to the din of the market whether orchestrated by Dangote, his rampaging minions or anyone else.

The truth, however, is that there is an increasing army of vacuous, vicious, and vile individuals strutting the social media space defending and propagating outright and outlandish falsehoods. Of particular concern is one Kelvin Emmanuel who has become the unofficial mouthpiece of the Dangote Refinery. Going from one media house to the other, he pulls figures out of the air and projects obnoxious untruths on hapless Nigerians. With the backing of his paymaster’s billions, it is no surprise that this otherwise irrelevant and fatuous character now commands appearances on major television stations.

But it is on X that he has made lying glibly and gratuitously the Holy Grail. He once premised Dangote’s inability to secure feedstock for his refinery on the government and the NNPCL. While peddling this untruth, he conveniently forgets that the refinery had a seven-year window, during its construction phase, to lock in feedstock supplies that could last a minimum of five years. Dangote did none of that. As it would later unfold, his game plan, which Emmanuel glossed over, was to monopolise equity oil and production quotas to serve his business interests.

Another deliberate misinformation from the Dangote camp was the allegation that International Oil Companies (IOCs) and other industry players were trying to sabotage his interests. Apart from being an investor in the Dangote Refinery, the NNPC still supplies gas to various Dangote companies across Nigeria. How can anyone or any institution jeopardise their investment? What further proof of faith does Dangote and his minions need to know that the NNPC is their cheerleader, and is here to make operating in the industry seamless and a win-win for all?

Echoing Dangote’s baseless stance, Emmanuel also called for the sack of Mr. Farouk Ahmed, Chief Executive Officer of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), regulators of Nigeria’s midstream and downstream value chain. By Emmanuel’s warped reckoning, Ahmed had no locus to speak against Dangote or his enterprise because the latter questioned the quality of the product from Dangote Refinery and other local refineries in comparison with imported ones. Of course, Emmanuel’s was a lone voice in the wilderness because those who understand the invaluable role that the NMDPRA plays in the industry did not as much as dignify his tirade with a glance.

In a robust response to Emmanuel’s groundswell of egregious lies, Ibrahim Y. Kabo, a petroleum engineer based in Abuja, described him as “Someone who has not seen the inside of a refinery before Dangote built one, let alone understood the mechanism of the energy industry, …(yet) assuming the role of an authority in oil and gas matters.”

He went further to lampoon Emmanuel for stating that only Dangote Refinery’s products meet specifications while others are all sub-standard. “The obvious question is: whose specifications? For a refinery that has barely made four of seven pre-inauguration certifications, it sounds somehow laughable to suddenly assume the role of regulator in an industry you’ve barely entered,” Kabo said.

In the article, entitled, “The Hand of Aliko, the Voice of Kelvin: Inside Dangote Refinery’s Media Stunt Lab”, Kabo declared that from all Emmanuel’s interviews and pretensions to be an industry expert, one thing is obvious: “He lacks an understanding of both the mandate and the reach of NNPC as a national oil company.”

Kabo adds that, “Downstream is the least of NNPC’s business interests. The mandate, as per PIA (Petroleum Industry Act), is to facilitate both the extraction and commercialization of Nigeria’s oil and gas resources. 20 billion dollars may be a lot, but NNPC and industry regulators routinely handle projects of that magnitude. At best, Dangote and (Emmanuel’s) ranting are an irritation. I believe that’s why NNPC openly declared it was not interested in being Dangote’s off-taker.”

Like the Yoruba saying goes, derision does not stop the sweetness of the honey. The meddlesome minions and messengers of misinformation can continue dancing naked in the marketplace, but what is most important is that the NNPCL has assured that it will not cease doing everything in its capacity “to harness the possibilities of oil and gas, address energy demand and drive the national economy, and become the number one oil producer and supplier in Africa.”

 

Tayo Williams is a Lagos-based media executive

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