A Federal High Court sitting in Abuja has fixed March 23, 2022, as the date to hear an application by the Federal Government seeking the suspended DCP Abba Kyari’s extradition to the United States.
The request for his extradition was made by the Federal Bureau of Intelligence (FBI) of the United States over the $1.1 million Internet fraud perpetrated by Abass Ramon, well known as Hushpuppi, and four others.
The Star had last Thursday reported that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.
Malami hinged the application on a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
The request is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment.”
Kyari, formerly the head of the Inspector-General of Police Intelligence Response Team, is to stand trial for conspiracy to commit wire fraud, money laundering and identity theft.
He was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi, to commit the crime.
A grand jury, on April 29, 2021, had filed an indictment against Kyari with the approval of the U.S. District Court for the Central District of California, and the court issued a warrant of arrest for him.
Against this development, the AGF and Minister of Justice, Abubakar Malami (SAN), filed the application before the Chief Judge of the Federal High Court, Justice John Tsoho, for Kyari’s extradition.
In the affidavit filed in support of the extradition application, the AGF stated that he was satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.
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He added that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial.
The AGF also expressed satisfaction that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
He added that Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions.”
The AGF said having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him.
Malami said he was also satisfied that Kyari has been accused of the offence for which his surrender is sought.
He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
According to court documents, the three count-charge marked: 2:21-cr-00203-RGK, was filed on April 29, 2021, before the U.S. District Court for the Central District of California, USA.
However, the matter, which was assigned to Justice Inyang Ekwo by the Chief Judge of FHC, Justice John Tsoho, has been fixed for March 23 for hearing.
Kyari and five other police officers are undergoing interrogation by the National Drug Law Enforcement Agency (NDLEA) over allegations bordering on drug trafficking.
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