The High Court in Federal Capital Territory, Abuja, has dismissed the Federal Government’s application to extradite the Deputy Commissioner of Police, Abba Kyari, to face trial in the United States of America, over alleged fraud.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has filed an application before the court for permission to extradite Kyari, who had been in detention for months over an alleged fraud accusations with Ramon Abbas aka Hushpuppi.
In his ruling on Monday, the presiding judge, Justice Inyang Ekwo, said the extradition application by the FG was “incompetent and bereft of merit.”
Justice Ekwo also ruled that the AGF, being the Chief Law Officer of the country, ought to be aware that the Extradition Act, forbade the surrendering of a defendant that is already facing trial before a competent court in the country.
He wondered why the AGF approached the court with the extradition application when he was equally the one that issued FIAT to the National Drug Law Enforcement, NDLEA, to prosecute DCP Kyari on drug related charges.
According to him: “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.
“The law is 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.
“The extradition request, therefore, is incompetent and deserved to be dismissed.”
