Nigerian court describes as “incompetent and bereft of merit” FG’s request seeking Abba Kyari’s extradition to US

A Federal High Court, Abuja, on Monday, refused to grant the extradition application filed by the federal government, through the Office of the Attorney-General of the Federation (AGF) for permission to extradite the suspended DCP Abba Kyari to the United States to face a criminal charge over an alleged conspiracy to commit wire fraud, money laundering and identity theft.

Justice Inyang Ekwo, in a judgment, described the extradition request as “an abuse of court process,” on the grounds that Mr Kyari was already standing a criminal trial before another court. He said the request lacked merit and is liable to dismissal.

Ekwo held that the AGF being the chief law officer of the country, should be aware that the Extradition Act prevents the surrender of a defendant who is currently being tried by a local court of competent jurisdiction.

“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,” the judge said.

He said the law was clear that Kyari, having been arraigned 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”.

Recall that the suspended DCP is also facing a criminal trial on allegations of drug deals filed against him and others by the National Drug Law Enforcement Agency (NDLEA).

The U.S. authorities had applied to the Nigerian government for Mr Kyari’s extradition in relation to his alleged link with the suspected international fraudster, Ramon Abbas, also known as Hushpuppi.

The U.S. Attorney’s Office for Central District of California, Los Angeles, had recently confirmed that Hushpuppi would be sentenced on 21 September.