The Federal High Court sitting in Abuja, on Monday, dismissed an application the Federal Government filed for permission to extradite the detained Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, USA, to face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.

The court, in a judgement that was delivered by Justice Inyang Ekwo, held that the extradition application FG filed through the office of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was “incompetent and bereft of merit”.

Justice Ekwo held that the AGF, Malami, SAN, 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.

The court 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 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”.

Consequently, the court held that the extradition request was incompetent and deserved to be dismissed.

It will be recalled that the court had on June 3, reserved the matter for judgement, after it heard from FG’s lawyer, Mr. Pius Akutah, and that of the embattled DCP, Mr. Nureni Jimoh, SAN.

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.

iwaeda:
Abba Kyari is more powerful than a governor. So AGF knows this law, why not withdraw all the cases and allow for extradition

BigIyanga:


Na play play style to stop his extradition lol. Same guy asking for his extradition to the US… is the same guy prosecuting him per NDLEA charges … lol

iwaeda:
Abba Kyari is more powerful than a governor. So AGF knows this law, why not withdraw all the cases and allow for extradition

Iliveforever:
The devilish FG knows what it’s doing.

Go through the court and let the court dismiss it so it(FG) can look clean.

An open crime, does the FG even need the court order to extradite him??

I think it’s more possible for ABBA kyari to be president than Tinubu or to be charged for any crime.

seunmsg:


The extradition case was incompetent and should not have been filed in the first instance. Abba Kyari is already facing criminal prosecution in Nigeria. The right thing is to allow the case to be decided before making any other move. America will never discontinue a criminal case against an American because they want to hand them over to Nigeria. We must show respect and absolute faith in our judicial process and stop making silly demands like the one in bold.

seunmsg:


The extradition case was incompetent and should not have been filed in the first instance. Abba Kyari is already facing criminal prosecution in Nigeria. The right thing is to allow the case to be decided before making any other move. America will never discontinue a criminal case against an American because they want to hand them over to Nigeria. We must show respect and absolute faith in our judicial process and stop making silly demands like the one in bold.

BigIyanga:

So chief law officer of the country didnt know this? Or is he being willfully incompetent to benefit his cabal boy.. Kyari??