Legal moves to extradite the suspended Deputy Commissioner of Police(DCP), Abba Kyari to the United States of America (USA) has suffered a set back before the Abuja division of the Federal High Court.
Specifically, the ongoing extradition proceedings before Justice Inyang Ekwo were stalled on Wednesday following the inability to serve the detained police officer with the legal processes.
The Federal Government had on March 3, 2022, filed the application marked: FHC/ABJ/CS/249/2022, through the office of the Attorney General of the Federation and Minister of Justice, (AGF), Abubakar Malami (SAN).
The application, titled: “Application for the Extradition of Abba Alhaji Kyari to the United States of America,” was dated and filed March 2.
The application, which was directly addressed to the chief judge, hinted that a request was made to Nigeria by the Diplomatic Representative of the Embassy of the United States of America (USA), Abuja, for the surrender of Kyari who Is a subject in a superseding three counts indictment in case no: 2:21-cr-00203-RGK.
The AGF, Abubakar Malami, said the case was filed on April 29, 2021, in the U.S. District Court for the Central District of California, USA.
Malami said that Kyari was to answer to a three-count charge.
“Count one: Conspiracy to commit wire fraud in violation of Title 18, United States Code, Sections 1349, ll.
“Counts two: Conspiracy to commit money laundering in violation of Title 18, United States Code, Sections 1956(h)
“Count three: Aggravated identity theft and aiding and abetting, in violation of Title 18 U.S.C, Sections 1028A (a){1}j and 2(a),” he said.
According to the AGF, the punishment for the offences as contained In the superseding Indictment carries a maximum of 20 years imprisonment for count one, 20 years imprisonment for count two, and two years imprisonment for count three consecutive to any other sentence imposed respectively as contained in the various United States laws.
Malami said:”there is no death sentence imposed on the offences for which the suspect is accused.”
He said the application was in line with the requirement of the Extradition Act, CAP E25, LFN, 2004.
He argued that the offense for which the suspect is accused is an extraditable offence under Articles 3 (18 & 20) of the Extradition Treaty between the United States of America and Great Britain, signed in London, on December 22, 1931.
He said the treaty is recognised as binding on the Federal Republic of Nigeria, by legal Notice 33 of 1967.
He said the offences are also covered by Articles 3, 5, and 6 of the United Nations Convention Against Transnational Organised Crime, adopted November 15, 2000 (“The UNTOC”).
Malami said that the offence charged in count three is considered a separate serious crime, covered under Article 16(2) of the UNTOC.
He said besides that the offences for which Kyari is accused are extraditable, they are also punishable under the Nigerian laws.
“The offence is analogous to the offence in Sections 1, and 8 of the Advance Fee Fraud Act and Other Related Offences 2006.
“Now, I, Abubakar Malami, SAN, Honourable Attorney-General of the Federation and Minister of Justice, by this application, under my hand, signify to you that this request has been made, and require you to deal with the case in accordance with the provisions of the Extradition Act, Cap. E25, Laws of the Federation of Nigeria, 2004.
“In support of this application, I attach an affidavit together with the Exhibits thereto, deposed to by Henry Temeka, Nigerian, male, Higher Executive Officer, Central Authority Unit, International Cooperation Department, Federal Ministry of Justice, Abuja,” the application read.
When the suit instituted by the Attorney-General of the Federation (AGF) against Kyari, was called, his counsel Nureni Jimoh (SAN), informed the court that his client was yet to be served with the AGF’s processes.
Earlier, a senior counsel to the AGF, Pius Akutah said that the case was slated for today for a preliminary hearing.
“I don’t know what you mean by preliminary hearing,” the judge said.
Justice Ekwo then asked Jimoh if he had joined issues with the AGF.
“We have not been served my lord,”
he said.
Akutah, Head of Central Authority Unit in the office of the AGF, also confirmed that the respondent (Kyari) had not been served.
He hinged the delay in serving the respondent on the sister case filed by the National Drug Law Enforcement Agency (NDLEA) against Kyari and six others on allegations bordering on drug trafficking which was ongoing before Justice Emeka Nwite.
Akutah equally informed the court that the matter before Nwite had taken their time.
When asked by the judge about the length of time he needed to serve the respondent, Akutah, who said he had within14 days to effect the service in accordance with the law, promised to serve Kyari’s counsel the application by tomorrow, Thursday.
Justice Ekwo, however, said he would give the AGF more days for the service and adjourn for the hearing.
The ruling, the judge said that after the defence lawyer informed that he had not been served and the AGF counsel admitted and undertaking to effect the service within two days, he was inclined to give them extra days to put their house in order.
He ruled that upon service of the processes, the respondent had within 14 days to also respond and gave seven more days for the parties to put their house in order.
The judge adjourned the matter until April 27 for a hearing.
Back home, the National Drug Law Enforcement Agency (NDLEA) had, already arraigned Kyari, alongside six others, including four officers of IRT, on eight-count charge bordering on alleged drug trafficking before Justice Emeka Nwite of FHC, Abuja.
The four members of the IRT, in the charge marked: FHC/ABJ/57/2022, include ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
Other defendants in the charge are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport in Enugu.
