An Abuja Division of the Federal High Court has thrown out a suit seeking to extradite Abba Kyari, the suspended Deputy Commissioner of Police, to the United States.
Justice Inyang Ekwo struck out the suit on Monday while ruling on the Extradition application filed on behalf of the Federal government by the Attorney General of the Federation, Abubakar Malami.
While Kyari’s counsel prayed the court to refuse the extradition request on the grounds that he committed no offence to warrant extraditing him to the U.S., the FG counsel asked the court to discountenance Kyari’s arguments.
The judge had fixed today for ruling on the application after listening to arguments and submissions from both parties in the suit at the last adjourned date.
Backstory
- On March 2, the Federal Government had filed a suit through the Office of the AGF marked: FHC/ABJ/CS/249/2022. The suit was titled: “Application for the Extradition of Abba Kyari to the U.S.”
- While Mr Kyari is the respondent in the suit, the AGF is the applicant.
- The FG commenced the processes for the extradition of Mr Kyari over the $1.1 million fraud linked to Hushpupi following a request last year, from the diplomatic representative of the United States embassy for the extradition of Kyari to answer for the alleged fraud.
- In an affidavit filed in support of the extradition application, the AGF stated that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
- On April 29, 2021, a three-count charge was filed against Mr Kyari before the U.S. District Court for the Central District of California, USA.
- Count one bordered on conspiracy to commit fraud, count two bordered on conspiracy to commit money laundering and count three bordered on aggravated identity theft, and aiding and abetting offence.
- The Federal Bureau of Investigation (FBI) in July 2021, indicted Mr Kyari for the $1.1 million fraud linked to an alleged internet fraudster, Hushpuppi.
- On June 2, the court granted Mr Kyari permission to file more evidence to establish his innocence in the charges against him.
- Though the Federal Government counsel had objected, Justice Ekwo rejected the objection and granted permission to Mr Kyari to adduce further documentary exhibits to his own defense.
- The judge noted that the court would determine the probate value to be attached to the additional evidence.
What the judge ruled
In his ruling, the judge held that the application was incompetent and lacked merit.
He said the FG had no grounds to file an extradition request after putting the defendant (Abba Kyari) on trial in Nigeria for the allegation of which his extradition was sought in the U.S.
Consequently, the Judge dismissed the suit.
What you should know
- In August 2021, the Nigerian Police Force suspended DCP Abba Kyari after he was indicted by the FBI on the $1.1million fraud linked to Hushpuppi.
- On Feb 14, 2022, Mr Kyari was arrested by the National Drug Law Enforcement Agency (NDLEA).
He was arraigned but pleaded not guilty to the charges proffered against him by the NDLEA.
Imagine the senseless act, how about other lesser crime offenders?
Which senseless act?
It was a court ruling, a judicial process happened.
DO NOT GET CARRIED AWAY BY PREJUDICE.
HIS WAY TO FREEDOM.
If the ruling is not challenged by appeal and reversed.
THE NIGERIAN MAGIC AT PLAY HERE.