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Corruption: FG files 24 charges, seizes mega assets from Abba Kyari

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• Agency uncovers shopping malls, others owned by ex-IRT commander

The Federal Government has uncovered 14 assets, including shopping malls, residential estate, polo playground, lands and farmland belonging to a former commander, Intelligence Response Team, Abba Kyari, a Deputy Commissioner of Police.

Kyari was said to have failed to disclose his ownership of the properties in different locations in the Federal Capital Territory, Abuja and Maiduguri, Borno State.

Over N207m and Є17,598 were also discovered in his various accounts in GTB, UBA and Sterling Bank.

In the fresh 24-count charges filed against Kyari by the Director of Prosecution and Legal Services, J. Sunday, dated August 30, 2022, the Attorney-General of the Federation stated that the suspended DCP allegedly disguised his ownership of some of the properties.

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The case filed at the Federal High Court, Abuja, with charge number: FHC/ABJ/CR/408/22 had as co-defendants, Mohammed Kyari and Ali Kyari, who are believed to be the beleaguered policeman’s siblings.

Also, the Federal Government filed separate 24-count charges against Kyari’s former deputy, Sunday Ubua, an Assistant Commissioner of Police, who is under suspension.

An affidavit in support of the charge deposed to by a litigation officer with the Directorate of Prosecution and Legal Services, National Drug Law Enforcement Agency, Stephen Kashawa, explained that Kyari, who is facing trial for dealing in cocaine, was subjected to general and financial investigation when he was transferred by the police to the NDLEA headquarters on February 14, 2022 for investigation.

He added that the financial investigation which extended to his properties led to the filing of charges for non-disclosure and conversion of large sums of money.

The deponent further said the case was ready for trial and that all the witnesses were available to proceed to trial.

Abuja land

The Federal Government said Kyari knowingly failed to make full disclosure of his asset at plot no 1927 Blue Fountain Estate, Karsana, Abuja and thereby committed an offence contrary to and punishable under section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004.

The prosecutor also alleged that the embattled DCP did not declare his ownership of an estate at Linda Chaulker Road, Asokoro Extension; plot no. 5 titled BO/4546; plot no. 9 titled BO/1037; plot no. 10 titled CER/4319 and plot no 33 titled BO/4319, Maiduguri, Borno State.

Furthermore, the AGF said the suspended DCP, who is facing prosecution for illegal cocaine dealing alongside six others, failed to reveal his ownership of a shopping mall titled, NE/1229 and a polo playground with plot no. 270, both located in Maiduguri.

The charges also said the former IRT commander did not make full disclosure of his ownership of farmland along Abuja-Kaduna road and a plaza under construction in Guzape, Abuja.

Count 11 read, ‘’That you, DCP Abba Kyari, male, adult and you Mohammed Kyari, male, adult, on or about February 14, 2022, in Nigeria within the jurisdiction of this honourable court in order to disguise the true ownership of the property situate at plot no. 33, Bama Road, GRA Extension, Maiduguri, Borno State, covered by certificate no. BO/4319 issued by Borno State Government by deposing to a false affidavit at the Federal High Court in suit no. FHC/NG/Cs/9/2022 and thereby committed an offence contrary to section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011, (as amended).’’

Maiduguri land

In an attempt to disguise the ownership of a plot of land covered by Certificate of Occupancy no: 000271 issued by Maiduguri Metropolitan Council, Borno State, Kyari was alleged to have also deposed to an affidavit at the Federal High Court, Maiduguri in suit number, FHC/NG/CS/9/2022, contrary to section 18(a) of the Money Laundering (Prohibition) Act.

The AGF equally accused Kyari of deposing to an affidavit to hide his ownership of plot no 9, BOTP/63 covered by the grant of right of occupancy no. BO/1087; a shopping mall at number 4, Aliyu Close along Giwa Barracks, Maiduguri, covered by Certificate of Occupancy no. NE/1229.

The charges revealed that the DCP knowingly converted N28.4 million in his GTB account number 0121075250; N65.2m in his GTB account number 0138360064; N95 million in UBA account number 1002250112 and N16.9 million in Sterling Bank account number 0072451994.

The first defendant was similarly accused of failing to declare in the NDLEA assets declaration form the sum of Є17,598 in two GTB accounts, being proceeds of unlawful activities; N2.9 million in UBA; N366, 258.77 and N88.000 in Sterling Bank.

In the charges against Ubua with number FHC/ABJ/407/22, the government revealed that he did not disclose a N100 million life insurance policy with First Bank of Nigeria Insurance Limited, including several millions stashed in different bank accounts.

The defendant was said to have converted N118.6 million using First bank account 3018154763 and $30,516.36 using Polaris Bank account 2630046721.

The ACP was accused of converting between January and March, 2022, the sum of N40.8 million in his Polaris Bank account number 1060047951, being proceeds of unlawful activities.

The government said Ubua acquired a block of lock-up shops at Utako bus terminal, Abuja for N16.8 million and also converted N33 million and N227.5 million using First bank account number 2005502596. The defendant was further accused of converting N40.8 million and another N33.7 million.

Kyari’s deputy

Count one read, “That You, Sunday Ubua, male, adult, on or about the 14th day of February, 2022, at the National Drug Law Enforcement Agency headquarters, Port Harcourt Crescent, off Gombiya Street, Area 11, Garki, Abuja, within the jurisdiction of this honourable court, knowingly failed to make full disclosure of your assets in the NDLEA assets declaration firm by not disclosing your N100 million life insurance policy with First Bank of Nigeria Insurance Limited contrary to and punishable under section 35(3)(a) of the NDLEA Act, CAP N30, Laws of the Federation of Nigeria, 2004.’’

 The NDLEA had earlier marked six residential houses and one plaza in Maiduguri belonging to the embattled former IRT commander.

The two-storey shopping plaza, Assurance Plaza, located along the Giwa Barracks Road in Maiduguri, has about 100 stores.

Six other residential houses within the Maiduguri New Government Residential Area allegedly belonging to Kyari were also marked by the NDLEA, 48 hours after a suspected drug dealer linked to the N3 billion worth of tramadol intercepted by the then Kyari-led IRT team was arrested by operatives of the NDLEA in Lagos. (The PUNCH)

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UBA Commences Comtempt Proceedings Against WEMPCO Directors over Alleged Disobidence of Court Order

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Mr. Lewis Tung and his brother Robert Tung
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The Federal High Court, presided over by Honourable Justice Aluko, has granted an application by United Bank for Africa (UBA) Plc for substituted service of Form 49 on directors of Wempco named as alleged contemnors in the case of UBA v. Wempco.

The application forms part of proceedings seeking to determine whether the named individuals disobeyed an order of the court and whether they should be committed to prison for contempt.

The directors named as alleged contemnors are Lewis Shui Ngor Tung, Phillip Shui Chei Tung, M.A. Ola Yusuf, Tung Lawrence Blake, Aali Aare Hadji Tokunbo, Paul Shui Po Tung, Tung Robert, C.L. Ip and Taiwo Alli.

In advancing the application, counsel to UBA argued that service of Form 49 on the alleged contemnors was necessary to enable them to appear before the court and show cause why an order of committal should not be made against them.

He also argued that the Directors of Wempco and some members of staff took illegal steps in an attempt to disobey the Order of Court.

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The court’s decision to grant substituted service provides a procedural step towards bringing the notice to the attention of the individuals concerned in accordance with the court’s directions.

Form 49 is a notice requiring an alleged contemnor to show cause why an order of committal to prison should not be made against them for alleged disobedience of a court order.

The Federal High Court had earlier made an Order of Mareva Injunction and appointed a Receiver/Manager over some of the Assets of Wempco following the indebtedness of Wempco to UBA in the sum of N61,445,695,993.76 (Sixty One Billion FourHundred and Forty-Five Million Six Hundred and Ninety Five Thousand, Nine Hundred and Ninety Three Naira, Seventy Six Kobo).

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$242m Petroleum Products Diversion Claim: UBA Secures Court Order Against Vitol, Four Others

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Monarch, four others remanded for arson
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A Lagos State High Court has granted interim preservative orders, including a Mareva injunction, in favour of United Bank for Africa (UBA) Plc in a dispute involving the alleged diversion of petroleum products valued at $242 million.

The orders, granted last Thursday by Justice K. A. Jose, followed allegations by UBA that Vitol SA, a Switzerland-based energy trading company, wrongfully released cargoes of petroleum products consigned to the bank in the bills of lading.

UBA’s lead counsel, Bode Olanipekun, SAN, urged the court to grant the interim orders to preserve assets and prevent the dissipation of funds pending the determination of the substantive dispute.

In her ruling, Justice Jose granted three of the prayers sought by the bank, including requests to restrain dealings with assets and funds up to the disputed amount.

“Prayers 1–3 are granted as prayed against the 2nd Respondent only,” the judge ruled.

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The application was brought pursuant to Order 43 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2019 and the Lagos State High Court Practice Direction No. 2 of 2019.

In the substantive proceedings, UBA is seeking to establish the liability of Vitol SA and the owners of the vessels over alleged conversion, misrepresentation and negligence arising from the non-delivery of the petroleum products.

The bank also cited 34 financial institutions and public agencies, including commercial banks, merchant banks, microfinance banks, the Nigerian Ports Authority and the Nigeria Customs Service, in connection with the application.

In an affidavit supporting the application, UBA’s Group Head of Recoveries and Remedial Management, Anthony Chilaka, stated that the bank had issued a letter of credit in favour of Vitol SA to facilitate petroleum products transactions.

According to the affidavit, the cargoes were transported to Nigeria, and the masters of the vessels issued several bills of lading.

UBA alleged that Vitol subsequently endorsed the bills of lading “to the order of” the bank and handed over the original documents to it.

The bank maintained that the endorsement entitled it to take possession of the cargoes upon completion of the voyages.

However, Chilaka stated that UBA had not received the gasoil despite the completion of the voyages.

“The applicant has not been given possession of the gasoil despite completion of the voyage,” the affidavit stated.

UBA alleged that the cargoes were instead diverted for the use of another party, arguing that the failure to deliver the products amounted to conversion and negligence.

The bank further contended that the respondents had obligations arising from the transactions and the endorsement of the shipping documents but failed to fulfil them.

UBA also alleged that cargoes linked to the transactions were diverted to other parties after the completion of their voyages rather than delivered to the bank as stipulated in the shipping documents.

The allegations are expected to be determined in the substantive proceedings.

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Enugu CP Warns Officers Against Extortion, Degrading Treatment of Citizens

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Enugu CP Bitrus Mamman Giwa
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The Commissioner of Police in Enugu State, Mr Mamman Giwa, has warned police officers against degrading treatment of citizens, extortion and other forms of unprofessional conduct.

Giwa gave the warning on Wednesday during an emergency conference with senior officers at the Senior Police Officers’ Mess, Agbani Road, Enugu.

He also directed senior and supervisory officers to strengthen oversight of personnel and improve security management for political and election-related activities ahead of the 2027 General Elections.

The commissioner said the conference followed directives issued by the Inspector-General of Police, Mr Olatunji Disu, during a virtual strategic meeting with senior officers on October 20.

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According to him, the I-G emphasised professionalism, compliance with the Nigeria Police Force’s social media policies, adapting policing to contemporary realities, respectful treatment of citizens, and effective management of political activities and election security.

“It is clear that officers cannot effectively discharge their policing responsibilities without treating citizens with respect and conducting their duties in accordance with extant laws and established professional standards,” Giwa said.

He charged senior officers to take responsibility for the conduct of personnel under their supervision, warning that any officer found engaging in misconduct would face the consequences.

The conference also featured a health talk on the Ebola virus, focusing on its symptoms and preventive measures.

Those in attendance included Deputy and Assistant Commissioners of Police, Area Commanders, Divisional Police Officers, heads of formations, tactical and operational units, and heads of various sections of the Enugu State Police Command.

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