Court Rejects FG’s Request To Extradite Kyari To The US

court rejects fg's request to extradite kyari to the us
court rejects fg’s request to extradite kyari to the us

The Federal Government’s request to extradite suspended DCP Abba Kyari to the United States so that he can stand prosecution for alleged internet fraud was rejected by a Federal High Court sitting in Abuja.

Justice Inyang Ekwo, who presided over the trial, explained the dismissal in his Monday ruling by citing an ongoing legal battle between the office of the Attorney General of the Federation, Abubakar Malami, and the National Drug Law Enforcement Agency (NDLEA).

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According to Justice Ekwo, there is no way for Nigeria to extradite a criminal when there is an active case against them, as stated in Section 3 of Nigeria’s Extradition Law.

As a result, he concluded that the lawsuit should be dropped since it was filed in bad faith.

“Exhibit 2 which is tendered through the counter affidavit of the respondent is a copy of eight count-charge dated 22 February 2022 which reveals that the respondent is currently standing trial on offences therein saying, allegedly committed contrary to a serious offence,” he wrote.

…the petitioner has not made this point clear (AGF). With this order, the NDLEA has initiated legal action. The Attorney General of the Federation (AGF) cannot claim ignorance of the likely outcome of the criminal proceedings in this matter given that the charge was filed under the NDLEA Act in his name on March 2, 2022.

Section 3, subsection 6A of the Extradition Act states, “A fugitive criminal who has been charged with an offence under the laws of Nigeria or any part thereof and who has gone through an offence which he has surrendered himself shall not be surrendered until such time as he has been discharged, whether by acquittal or the expiration of the sentence or otherwise.

“The Respondent shall not be surrendered until such time as he has been dismissed,” whether through an acquittal, the expiration of the sentence imposed, or the conclusion of the trial itself.

And, as Justice Ekwo pointed out, the court is authorised to withhold an order for surrender under Section 3 (2A) of the Extradition Act if the request for extradition is not submitted 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 continued.

Since the defendant is on trial in a court of competent jurisdiction, he determined that “Exercise of good faith will demand that the applicant to refrain himself in making this motion.”

Ultimately, I conclude that the application was not filed in good faith and violated Section 3 (6A) of the Extradition Act, so it was denied. I make an order dismissing this matter because it is inept and without merit on both counts.

U.S. authorities requested Kyari’s extradition after learning of allegations linking him to Ramon Abass, better known as Hushpuppi, in a $1.1 million fraud against a Qatari businessman.

U.S. District Court for the Central District of California issued an arrest warrant for Kyari in February 2021; he contested the charges in a since-deleted Facebook post.

The application with the following markings: FHC/ABJ/CS/249/2022 was submitted by the government through the Office of the AGF.

The complaint was filed on March 2 and has the filing date and title “Application for the Extradition of Abba Kyari to the U.S.” from March 1.

Kyari used to be in charge of the I.G.P. IRT (Inspector General of Police Intelligence Response Team) (IRT).

Kyari and six others are being tried in a separate case presided over by Justice Emeka Nwite on charges that touch on narcotics trafficking.

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