The Abuja Federal High Court has dismissed a suit instituted by the Federal Government seeking to extradite the suspended Deputy Commissioner of Police DCP, Abba Kyari to the United States of America.
Kyari is currently behind bars for drug related charges.
Justice Inyang Eden Ekwo in his ruling on Monday held that the FG’s extradition request was “strange, incompetent and bereft of merit”.
The Federal Government through the office of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, had applied for Kyari to be extradited to the United States to face trial for conspiracy to commit wire fraud, money laundering and identity theft.
“Malami being the Chief Law Officer of the country, ought to be aware that the Extradition Act, forbids the surrendering of a defendant that is already facing trial before a competent court in the country,” Justice Ekwo said.
“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.
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He said the law was clear that Kyari, having been put on trial 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”.
The FG however maintained that it had met all conditions precedent for the suspended DCP to be extradited to the US to answer to a criminal charge that is pending against him.
A grand jury had on April 29, 2021, filed an indictment against Kyari with the approval of the U.S. District Court for the Central District of California, after which a warrant was issued for his arrest.
Ifunanya Ikueze is an Engineer, Safety Professional, Writer, Investor, Entrepreneur and Educator.
