SIR: This is an urgent call for a thorough review of all the cases that DCP Abba Kyari has handled and which has led to convictions. This is especially true of those cases convicted without expert evidence or evidence kept in safe chain of custody before it was taken for scientific analysis.
Why? Safe custody and tampering of evidence is a very serious issue that can lead to the acquittal of an accused. See the case of ASHAKWE V STATE (1968) 2 ALL NLR. 198; ESSIEN V R. 13 WACA 66. CHIDIMMA v. FRN (2018) LPELR-44820(CA)
In the present NDLEA case involving Abba Kyari, if it is shown that Kyari made a move to supplant real evidence with dummy evidence or that he actually tampered with evidence, or that the chain of custody of evidence has been substantially compromised, then if follows that a number of persons would have been convicted based on dummy evidence, fabricated evidence or evidence whose chain of custody has been compromised.
It is possible that a number of persons have been sentenced to prison based on dummy evidences or substituted evidence.
Furthermore, previous NDLEA convictions should also be brought under heavy legal scrutiny.
In sane climes when top officers are accused of serious evidentiary infractions or fabrications, a deep investigation is made into all the cases they have handled to see cases of miscarriage of justice.
- Opatola Victor Esq.
adeopatola@gmail.com