Court stops Abba Kyari’s extradition to US
The application to have suspended police officer Abba Kyarix extradited to the United States to face criminal charges suffered setback on Monday. Kyari is currently facing drug charges preferred against him by the National Drug Law Enforcement Agency (NDLEA)
Justice Inyang Ekwo of the Federal High Court, Abuja, cited the pending drug case against Kyari as his reason for rejecting the request for his extradition.
Ekwo said Section 3 of Nigeria’s Extradition Law forbids the refoulement of a suspected criminal while facing a trial.
The judge explained that the charges the NDLEA preferred against Kyari and the application for his extradition are both filed in the name of the Attorney-General of the Federation (AGF) Abubakar Malami.
“The procession of the law in Section 3, subsection 6A of the Extradition Act is that a fugitive criminal who has been charged with an offence under the laws of Nigeria or any part thereof, and has gone through an offence which he has surrendered himself shall not be surrendered until such time he has been discharged, whether by acquittal or the expiration of the sentence or otherwise.
“The consequence of this provision is that the respondent shall not be surrendered until such time he has been discharged whether by acquittal or expiration of the sentence that has been imposed or otherwise the conclusion of that trial.”
Justice Ekwo added that Section 3 (2A) of the Extradition Act empowered the court not to make an order for surrender when an extradition crime is not made in good faith.
“Therefore the applicant is in position to know and actually knowing that the respondent is standing trial in this court in offences bordering on the provisions of the NDLEA Act did not have to bring this application in view of the provisions of Section 3 sub 6A of the Extradition Act,” he added.
“In the end, I find out that this application is not brought in good faith, it is also in breach of the provisions of Section 3 (6A) of the Extradition Act and can’t be allowed. By that fact, it is incompetent, it is equally bereft of merit and ought to be dismissed, and I make an order dismissing this case.”
Kyari is currently standing trial with six others –four of whom are equally police officers –over drug-related offences.
