Court fixes March 23 to hear FG’s request to extradite Abba Kyari - VybezTV
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Court fixes March 23 to hear FG’s request to extradite Abba Kyari



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A Federal High Court in Abuja has scheduled March 23 to hear an application filed by the Federal Government seeking the extradition of suspended DCP Abba Kyari to the United States (U.S.).

The federal government, through the Office of the Attorney General of the Federation (AGF), filed the motion with case no: FHC/ABJ/CS/249/2022.

The suit, titled: “Request for Extradition of Abba Alhaji Kyari to the United States of America,” was filed on March 2.

While the AGF is the petitioner, Kyari is the defendant in the motion.

Kyari was formerly head of the Inspector General of Police’s Special Intelligence Response Team (IRT).

The matter was referred to Justice Inyang Ekwo by FHC Chief Justice John Tsoho and set for hearing on March 23.

The request was made under the Extradition Act, as the Nigerian government has agreed to the U.S. extradition request.

The motion, which was addressed directly to the chief justice, indicated that a request was made to Nigeria by the diplomatic mission of the United States of America (U.S.) Embassy in Abuja to extradite Kyari, who is the subject of a final three-count indictment in Case No. 2:21-cr-00203-RGK.

Attorney General Abubakar Malami said the case was filed in the U.S. District Court for the Central District of California, U.S., on April 29, 2021.

Malami said Kyari faces three counts in the indictment.

“Count 1: Conspiracy to commit wire fraud in violation of Title 18, United States Code, Sections 1349, ll.

“Count 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 identity theft in violation of Title 18, U.S.C., Sections 1028A (a){1}j and 2(a),” he said.

According to the attorney general, the indictment carries a maximum sentence of 20 years’ imprisonment for count one, 20 years’ imprisonment for count two, and two years’ imprisonment for count three, each consecutive to any other sentence provided under the various laws of the United States.

Malami said, “There is no death sentence for the crimes the suspect is accused of.”

He said the request is in line with the requirements of the Extradition Act, CAP E25, LFN, 2004.

He argued that the offense with which the suspect is charged is an extraditable offense under Article 3 (18 and 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 was recognized as binding on the Federal Republic of Nigeria by Legal Notice 33 of 1967.

He said the crimes are also covered by Articles 3, 5 and 6 of the United Nations Convention against Transnational Organized Crime of November 15, 2000 (UNTOC).

Malami said the crime charged in the third count is considered a separate serious crime covered by Article 16(2) of the UNTOC.

He said the crimes Kyari is accused of are not only extraditable but also punishable under Nigerian law.

“The offence is the same as the offence in sections 1 and 8 of the Advance Fee Fraud Act and Other Related Offences 2006,” he said.

“I, Abubakar Malami, SAN, Honourable Attorney General of the Federation and Minister of Justice, by this application, certify under my hand that this request has been made, and request you to prosecute the case in accordance with the provisions of the Extradition Act, Cap. E25, Laws of the Federation of Nigeria, 2004.

“In support of this request, I attach an affidavit together with the annexes, made by Henry Temeka, Nigerian, male, Higher Executive Officer, Central Authority Unit, International Cooperation Department, Federal Ministry of Justice, Abuja,” the request states.

The National Drug Law Enforcement Agency (NDLEA) had on Monday arraigned Kyari and six others, including four officials of the IRT, on eight counts of alleged drug trafficking before Justice Emeka Nwite of the FHC in Abuja.

The four members of the IRT, identified in the indictment as FHC/ABJ/57/2022, are ACP Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba and Inspector John Nuhu.

Other accused are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers arrested at Akanu Ibiam International Airport in Enugu.

Other defendants include Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers arrested at Akanu Ibiam International Airport in Enugu.

Although Kyari and the four police officers denied involvement in the matter, Umeibe and Ezenwanne pleaded guilty to the charges against them.

Judge Nwite, who ordered that Kyari and the others remain in NDLEA custody pending the hearing of their bail application on March 14, also set March 28 for the review of the facts in the charges against Umeibe and Ezenwanne, who pleaded guilty.


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