Abba Kyari And The Campaign For Clemency -By Audu D. Yakubu

I read with interest the letter of appeal for clemency to President Tinubu on behalf of the embattled Super cop, Abba Kyari by one Adamu Kabiru Adam, a legal practitioner and rights activist. The main prayer in the petition is for the president to review and withdraw charges against the famed super cop in view of the worsening security situation in the country.

Ordinarily, the argument of the learned counsel sounds logical. To him, DCP Abba Kyari can be pardoned because of his numerous contributions to crime fighting in Nigeria. He can be reinstated to his job to continue the good work he began so as to reduce the high incidences of kidnapping, banditry, mass murder, insurgency and other violent crimes ravaging the nation at the moment. But, doing that will be ethically and legally wrong. Doing that will amount to rewarding crime, misdemeanor and abuse of office. Adamu Kabiru Adam should know that Kyari’s case is a complex one ranging from conspiracy, money laundry, and abuse of office, illegal confiscation and conversion of seized assets, intimidation and extortion, false asset declaration to narcotic trafficking. So, where do we start from?

Kyari has not owned up to the charges against him. He has maintained his innocence and used different subterranean moves to try to influence public opinion regarding his incaceration. The right thing legally speaking is for him to prove his innocence in the court of law. If he survives, he would be compensated and if not then appeal for clemency and presidential pardon can then come in.

Granted, the police, nay, Nigerians may still need his services. But, withdrawing the charges against him and restoring him back to the office will be counterproductive. It will send wrong signal to members of the public especially to young officers and the youths. It will be like encouraging crime, abuse of office and a culture of impunity. At all times, it is the responsibility of the judicial and law officers to demonstrate through their conduct that actions have consequences; that crime does not pay. Withdrawing charges against Kyari without due process of the law is to do otherwise and to openly show that some people are above the law.

Moreover, I do not subscribe to the insinuation that Abba Kyari is a victim of jealousy neither do I accept that he is being victimized by his superiors because of his fame. Jealousy or envy are human phenomena. But that alone is not enough to put Kyari in his current travail without his misdemeanor. Abba Kyari is reputed to be the most decorated police officer in the country. His senior colleagues have always commended him for his exploit in crime fighting. So, it is out of place to state or assume that the same officers whom he is helping to make their job of combating crime easier are the ones oppressing him

However, much as I agree with the lawyer and rights activist that the President or the attorney general has the right as contained in section 174 of the 1999 Constitution to take over or discontinue criminal proceedings in the interest of justice, public interest, national security…I do not think that they will do that without due process or recommendations from appropriate quarters. Such recommendations may not come in favor of the incarcerated super cop because of the weight of allegations leveled against him. Doing so, and restoring his job without trials is like placing a mark of indispensability on him. And that is dangerous. By insisting on his innocence in the face of the grave allegation and evidence against him means that he has not shown remorse for what he has done wrong. And if a character like that is restored to the office, he would do worse. Instead of doing his job, he might use his position to fight those he perceived were responsible for his woes.

Audu D. Yakubu

A freelance journalist and ghost writer writes from Abuja