Home Community Insights The offense of Drug Importation: Abba Kyari’s offense (most) likely punishment by law

The offense of Drug Importation: Abba Kyari’s offense (most) likely punishment by law

The offense of Drug Importation: Abba Kyari’s offense (most) likely punishment by law

DCP Abba Kyari (now demoted to the rank of ACP), the erstwhile commander of the Intelligence Response Bureau (IRT) of the Force Intelligence Bureau (FIB) was declared wanted by the men of the National Drug Law Enforcement Agency  (NDLEA), last week Monday; the 14th of February, 2022 over his alleged involvement in the crime of drug importation, drug trafficking, tampering and selling of seized drugs. He was also pointed as the leading member of the Brazil- Ethiopia- Nigeria drug importation pipeline.

He has been in the NDLEA detention since last week Monday, after he was arrested by the police agency and duly handed over to the NDLEA for him to answer for the offenses he was accused of.

Having spent over a week in detention, Mr Abba Kyari through his lawyer, Cynthia Ikenna, Esq, today prayed the court In the suit marked FHC/ABJ/CS/182/22 before his Lordship, Justice Ekwo of the Federal High Court, FCT judicial division, to grant him an order of the court to immediately release him and admit him to bail on liberal condition due to his deteriorating health conditions. Mr. Kyari claimed that he is seriously sick; suffering from diabetes and hypertension and needs urgent medical attention before his health condition gets worse. 

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(Un)fortunately, the court in her infinite wisdom refused to grant Abba Kyari’s request to be granted bail today.

Mr. Abba Kyari’s likely punishments as provided by law if found guilty of the offenses he’s been accused of:

Since Mr. Kyari  was accused of the crime of being an importer of drugs and a drug trafficker; in accordance with s.11 and s. 16 of the NDLEA act; if he is found guilty of those offenses, his punishment is life imprisonment; i.e jailed for life and never to see the world outside the prison facility for the rest of his life again. 

S.11 of the NDLEA act hereby provides: 

Importation, etc., of cocaine, heroine, or similar drugs etc. Any person who, without lawful authority:-

Imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine. LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life: or

Export, transport or otherwise traffic in the drugs popularly known as cocaine, LSD heroine or any other similar drugs shall be guilty of an offense and liable on conviction to be sentenced to imprisonment for life.

Sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine. LSD heroine or any other similar drugs shall be guilty of an offense and liable on conviction to be sentenced to imprisonment for life: 

The corresponding section 16 of the NDLEA act which tackles illegal tampering with drugs provides as follows: 

  1. 16 Tampering with drugs

Any person who unlawfully remove, conceals, destroys or in any way tampers with the drug popularly known as cocaine, LSD, heroine or any other similar drug seized from any person or otherwise in the possession of the Agency or any authorized person shall be guilty of an offense under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding 25 years.

Therefore, Mr. Abba Kyari if found guilty of been a drug baron running the Brazil-Ethiopia-Nigeria drug pipeline (as he is accused of), he is to be jailed for life with his gangs, and if he luckily escapes that but he is found guilty of tampering with seized drugs, which include hiding seized drugs or selling some part of it (as he is also accused of), the law provides that he should be jailed for not less than 25 years.

While we thank the NDLEA for their swift action in catching up with Mr. Abba Kyari, we are still looking forward to the day Acp Abba Kyari will be paraded with placards for the offenses he’s accused of; NDLEA officers parade suspects with lesser offenses so it will be right and just to do same with Mr. Abba Kyari and his accomplices who are even accused of committing higher offenses, unless we are to believe that the law that applies to the rich and the influential men in the society  is different from the one that applies  to the poor and the commoners.

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