The Federal Government had earlier requested that the detained Deputy Commissioner of Police, DCP, Abba Kyari, be extradited to the USA so that he could stand trial for his alleged association with a well-known internet fraudster, Ramon Abbas, better known by his online persona Hushpuppi. However, the Federal High Court in Abuja dismissed the request on Monday.
The extradition request made by the FG through the office of Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was deemed “incompetent and destitute of merit” by the court in a ruling written by Justice Inyang Ekwo.
As the nation’s chief legal officer, Justice Ekwo ruled that the AGF, Malami, SAN, should be informed that the Extradition Act banned the surrendering of a prisoner who is already being tried by a local court.
The court questioned why the AGF had requested extradition since he had also given the National Drug Law Enforcement, or NDLEA, a FIAT to bring charges against DCP Kyari relating to drugs.
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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.”
According to him, the law is very clear that Kyari “must not be surrendered until the said matter has been dismissed either by his conviction or acquittal” after being docked before a court of competent authority in the nation.
As a result, the court determined that the extradition request was invalid and should be rejected.
Clariform recalls that on June 3, the court reserved the case for judgment after hearing from FG’s attorney, Mr. Pius Akutah, and the defense attorney for the DCP in question, Mr. Nureni Jimoh, SAN.
While FG insisted that it had satisfied all requirements for the suspended DCP to be extradited to the US to face a criminal accusation that is currently pending against him, Kyari disputed the legal validity of the extradition request.
Contrary to the claim made against him, Kyari testified in court that he had sent a letter to the Inspector General of Police and the Attorney-General of the Federation several months prior to Hushpuppi’s arrest informing them that he had established contact with the alleged internet fraudster as part of an ongoing investigation. Kyari is currently being held in custody for drug-related charges.
In order to stand trial for conspiracy to commit wire fraud, money laundering, and identity theft, Kyari is sought after in the United States.
With the permission of the U.S. District Court for the Central District of California, a grand jury had indicted him on April 29, 2021, and a warrant for his arrest was then issued.
Prior to the announcement that Hushpuppi will be sentenced on September 21 by the US Attorney’s Office for the Central District of California, Los Angeles, he entered a guilty plea to the alleged $1.1 million fraud accusation against him.
