The Federal High Court sitting in Abuja has dismissed an application filed by the Federal Government asking for permission to extradite the detained Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, USA.
Kyari is wanted in the USA to face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.
Delivering a judgement, Justice Inyang Ekwo, held that the extradition application FG filed through the office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, was incompetent and lack of merit.
Justice Ekwo held that 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.
He 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, NDLEA, to prosecute DCP Kyari on drug related charges.
The judge said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country that he should not be surrendered until the case against him has been discharged either by his conviction or acquittal.
Justice Ekwo added that Malami could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA.
While FG maintained that it had met all condition precedents for the suspended DCP to be sent to the US to answer to a criminal charge that is pending against him, on the other hand, Kyari, challenged the legal competence of the extradition request against him.
Kyari is wanted in the U.S. to stand trial for conspiracy to commit wire fraud, money laundering and identity theft.
A grand jury had in April 29, 2021, filed an indictment against him with the approval of the U.S. District Court for the Central District of California, after which a warrant was issued for his arrest.
Hushpuppi had earlier pleaded guilty to the alleged $1.1million fraud charge against him, even as the US Attorney’s Office for Central District of California, Los Angeles, revealed that he will be sentenced on September 21, 2022.
