Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has said there was no evidence to show that money was laundered by the embattled Deputy Superintendent of Police, Abba Kyari.
The attorney-general’s position is contained in a new legal advice issued by his office on the matter.
According to a PUNCH report, Malami, in the new 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 not been established against the DCP.
Kyari, 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.
The new directive contradicted Malami’s earlier directive that to the police to probe Kyari for allegedly receiving 33 proceeds of crime, stating that a case of money laundering had been established against him.
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.
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 in view of 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 offences 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.”
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 utilised 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 offence 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.”