The fate of the suspended ex-commander of the Nigeria Police’s Intelligence Response Team, DCP Abba Kyari, is hanging in the balance following the approval of his extradition process by the Federal Government.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), had filed an extradition order in an application marked: FHC/ABJ/CS/249/2022, before the Chief Judge of a Federal High Court in Abuja.
Malami said a request by the Diplomatic Representative of the United States Embassy in Abuja necessitated the application.
- NDLEA files charges against Abba Kyari
- Abba Kyari’s plight worsens as FG approves extradition to US
A Federal Bureau of Investigation special agent, Andrew Innocenti, had, among others, accused Kyari of conniving with an international cyber fraudster, Ramon Abass, well known as Hushpuppi, in a $1.1m fraud committed against a Qatari businessman.
In February 2021, the US District Court for the Central District of California ordered the FBI to arrest Kyari, who denied the allegations in a Facebook post he later deleted.
While he was on suspension and the outcome of the DIG Joseph Egbunike-led investigation panel was being reviewed, Kyari was declared wanted by the National Drug Law Enforcement Agency for his alleged involvement in a 25kg cocaine deal. He was consequently detained.
As he awaited his fate on March 15 when the fundamental human rights enforcement suit he filed would be heard by Justice Ekwo of a Federal High Court in Abuja, Malami on Wednesday initiated his extradition to the US.
Barely 24 hours later, the NDLEA filed an eight-count charge bordering on drug trafficking and others, including ACP Sunday Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu, who are IRT members.
They will be arraigned before a Federal High Court in Abuja on March 7.
The recent developments have since compounded the plight of the embattled Deputy Commissioner of Police, with some lawyers stating that he stands little chance of being acquitted if eventually extradited and tried in the US.
Lawyers speak
The immediate past president of the Committee for Defence of Human Rights, Malachy Ugwumadu, in an interview with Daily Trust, said Kyari’s fate was no longer in his hands.
“His fate is now in the hands of those who want him for prosecution and possible conviction and sentencing,” he declared.
Ugwmadu, a lawyer, said Malami, being the Nigeria’s chief law officer, had acted in accordance with the “extradition treaty between Nigeria and any country that seeks the extradition of a fugitive” as provided under Section 150 of the Constitution.
He said the caveat to the Extradition Act, 2004 which states that extradition will not be granted whereby the same fugitive whose extradition is sought is being tried for a criminal charge in their home country may not be applicable in Kyari’s case.
The lawyer said, “It will be that such a person will have to be tried and sentenced possibly in this country before you can talk of that extradition. Where the conviction imposes terms of imprisonment, he will have to serve out the term before you can extradite him. This is Section 3, subsection 5 and 6 of the Extradition Act, 2004.
“But the issue now is that: has the NDLEA arraigned him (Kyari)? No. At the moment, is the Nigerian government at liberty to hand over Abba Kyari by way of extradition to the US for prosecution? The answer is yes.”
Another lawyer and social commentator, Liborous Oshoma, maintained that the extradition, if granted and Kyari was eventually convicted in the US, would not stop him from being tried by the NDLEA when he returned to Nigeria.
Corroborating Ugwumadu’s submission, Oshoma said the police officer could be extradited since his trial for the alleged drug offence had not commenced.
Oshoma said, “He will go and face charges in America and if he is convicted there, he will serve jail term and anytime he comes back to Nigeria, if the Nigerian government feels that they want to investigate and prosecute him for the (drug) offence, they are free to go ahead. There is no statute of limitation to criminal matters.
“Even if the fugitive is facing a criminal trial, if there is an arrangement between Nigerian president and the requesting country, especially a Commonwealth country, he can still be extradited. So, it is not automatic that once you are facing a criminal trial, you cannot be extradited.”
Oshoma further noted that with the weight of evidence in the FBI’s possession, Kyari stood a slim chance of being exonerated.
He stated, “It is not likely that Abba Kyari, if he gets to America, will be let off the hook. The FBI conducted a detailed investigation and it shows that they are not joking. Mind you, access to justice in that environment is not easy. You will have to pay your solicitor on the go. If you cannot afford it, they get one for you.
“In most cases, it is not like our own (system) where you can delay the cause of justice because investigation is wishy-washy. Over there, the investigation is watertight. Once you are confronted with proof of evidence, it is either you own up or decide to delay the cause of justice. If you delay it, the lawyer representing you can also be prosecuted.”
Kyari was accused of conspiring with a United Arab Emirates-based Hushpuppi to commit internet fraud.
The three-count charge against Kyari reads, “Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years;
“Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
“Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years.”
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