The Federal High Court sitting in the Federal Capital Territory, on Monday, dismissed the application by the federal government to extradite the Deputy Commissioner of Police, Mr. Kyari, to the US to face trial for his alleged involvement in the activities of a notorious internet fraudster, Mr. Ramon Abbas, also known as “Hushpuppi.” The court, in its judgement, held that the application was incompetent and lacked merit.
Justice Ekwo ruled that the AGF, Malami, SAN, as the country’s Chief Law Officer, should be aware that the Extradition Act prohibits the surrender of a defendant who is already on trial before a competent court in the country.
The court questioned why the AGF approached the court with the extradition request when he was also the one who issued FIAT to the National Drug Law Enforcement Agency, NDLEA, to prosecute DCP 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”.
As a result, the court ruled that the extradition request was incompetent and should be dismissed.
The court reserved the matter for judgement on June 3 after hearing from FG’s lawyer, Mr. Pius Akutah, and the embattled DCP’s lawyer, Mr. Nureni Jimoh, SAN.
While the FG maintained that all prerequisites had been met for the suspended DCP to be sent to the US to answer to a criminal charge pending against him, Kyari challenged the legal competence of the extradition request against him.
Kyari, who is currently in prison on drug-related charges, told the court that, contrary to the allegation against him, he had 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 ongoing investigation months before Hushpuppi was arrested.
Kyari is wanted in the United States for wire fraud conspiracy, money laundering, and identity theft.
A grand jury indicted him on April 29, 2021, with the approval of the United States District Court for the Central District of California, and a warrant was issued for his arrest.
Hushpuppi previously pleaded guilty to the alleged $1.1 million fraud charge against him, despite the fact that the US Attorney’s Office for the Central District of California, Los Angeles, revealed that he will be sentenced on September 21.
