Justice Inyang Ekwo of a Federal High Court in Abuja has struck out the Federal Government’s application for permission to extradite the suspended Deputy Commissioner of Police, Abba Kyari, to the United States to face trial over his alleged involvement with convicted internet fraudster Ramon Abbas aka Hushpuppi.
Justice Ekwo in his ruling on Monday, described the application as “incompetent and bereft of merits.”
Justice Ekwo said that the Attorney General of the Gederation, Abubakar Malami (SAN), ought to be aware that the Extradition Act, forbades the surrendering of a defendant that is already facing trial before a competent court in the country.
According to the judge, he cannot comprehend why Malami approached the Court with the extradition application when he was equally the one that issued fiat to the National Drug Law Enforcement Agency (NDLEA) to prosecute 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 Stated
Ekwo stressed that 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”.
Kyari had earlier in the proceedings told the court that contrary to the allegations against him, he had some months before Hushpuppi was arrested in Dubai, sent a letter to Malami and the Inspector General of Police, notifying them that he had opened a channel of communication with Hushpuppi in furtherance of an investigation.
The embattled police officer stated that the extradition move was a ploy to embarrass him and ruin his reputation.
