The judge said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country, “shall not be surrendered until such case has been discharged either by his conviction or acquittal”.
By Jeffrey Agbo
A Federal High Court in Abuja on Monday dismissed an application filed by the Federal Government for permission to extradite a deputy commissioner of police Abba Kyari to the United States to face trial over his alleged involvement with convicted internet fraudster Ramon Abbas aka Hushpuppi.
Justice Inyang Ekwo, in his ruling, said that the application was “incompetent and bereft of merit.”
A grand jury had in April 29, 2021, filed an indictment against Kyari with the approval of the U.S. District Court for the Central District of California, after which a warrant was issued for his arrest.
But Justice Ekwo held that the AGF, Abubakar Malami, being the chief law officer of the country, ought to be aware that the Extradition Act, forbade the surrendering of a defendant that is already facing trial before a competent court in the country.
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The judge wondered why the AGF approached the court with the extradition application when he was equally the one that issued fiat to the National Drug Law Enforcement Agency (NDLEA) to prosecute Kyari on drug-related charges.
“The AGF could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA,” Justice Ekwo added.
He said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country, “shall not be surrendered until such case has been discharged either by his conviction or acquittal”.
While countering the government’s application, Kyari had told the court that contrary to the allegation against him, he had some months before Hushpuppi was arrested, sent a letter to both the Attorney-General of the Federation and the Inspector General of Police (IGP), notifying them that he had opened a channel of communication with the suspected internet fraudster, in furtherance of an investigation.