Court indicts Malami, dismisses application for Kyari’s extradition to US

The Federal High Court sitting in Abuja has indicted the Attorney General of the Federation, Abubakar Malami, while dismissing an application by the Federal Government for permission to extradite detained Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, to face trial in a case involving internet fraudster, Ramon Abbas, aka Hushpuppi.

Justice Inyang Ekwo held that the extradition application Federal Government filed through Malami’s office was “incompetent and bereft of merit”.

Justice Ekwo held Monday that Malami 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.

The court 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.

READ: Court set to decide on Abba Kyari’s extradition to United States

“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,” Justice Ekwo said.

The judge said the law was 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”.

Consequently, the court held that the extradition request was incompetent and deserved to be dismissed.

It will be recalled that the court had on June 3, reserved the matter for judgment, after it heard from FG’s lawyer, Mr. Pius Akutah, and that of the embattled DCP, Mr. Nureni Jimoh, SAN.

While the FG, on one hand, maintained that it had met all condition precedent for the suspended DCP to be sent to the US to answer to a criminal charge, Kyari, on the other, challenged the legal competence of the extradition request against him.