FG indicates readiness to extradite Abba Kyari to US
Nigerian government has approved the United States’ extradition request for suspended Deputy Commissioner of Police (DCP) Abba Kyari.
A grand jury of the U.S. District Court for the Central District of California, last April 29, indicted and issued a warrant for arrest Kyari for being an accomplice of yet-to-be sentenced internet fraudster Ramon Abbas, aka Hushpuppi.
On Tuesday, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.
The AGF said the application followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
It is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment”.
Kyari and five other police officers are undergoing interrogation by the National Drug Law Enforcement Agency (NDLEA) over a cocaine deal.
Last week, a court endorsed further 14-day detention for the suspects.
In the affidavit filed in support of the extradition application, the AGF stated that he was satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.
He added that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial.
The AGF also expressed satisfaction 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.
Malami stated that Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.
He defended that it would not be unjust or oppressive, or be too severe a punishment, to surrender Kyari, given the circumstances in which the offence was committed.
Malami said he was also satisfied that Kyari has been accused of the offence for which his surrender is sought.
He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
According to court documents, the three count-charge marked: 2:21-cr-00203-RGK, was filed on April 29, 2021, before the US District Court for the Central District of California, USA.
The embattled Kyari is currently being investigated by the National Drug Law Enforcement Agency, NDLEA. The anti-narcotics body only few days ago secured an extended detention order for Kyari, who is accused of selling off 15kg out of 25kg of cocaine seized from a suspect.
However, Kyari is challenging his detention and he has asked to be released on health grounds.
The court has fixed hearing on his fundamental rights suit filed against his detention for March 8.
