The Abuja Federal High Court has struck out a request by the Federal Government of Nigeria to extradite detained Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, to face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.
Recall that Abba Kyari was indicted by the U.S. authorities in an investigation of alleged multi-million dollar fraud perpetrated by a suspected internet fraudster, Ramon Abbas, popularly called Hushpuppi.
Court Stops DCP Abba Kyari’s Extradition To USA
Following the extradition request, the court sitting in FCT Abuja, this morning in a judgment delivered by Justice Inyang Ekwo, held that the extradition application filed through the office of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was “incompetent and bereft of merit”.
Justice Ekwo held that the AGF, Malami, SAN, who is 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.
“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 added.
The judge declared that 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”.
While FG maintained that it had met all condition precedents for the suspended DCP to be sent to the US to answer to a criminal charge that is pending against him, on the other hand, Kyari, challenged the legal competence of the extradition request against him.
The Federal Bureau of Investigation (FBI) also released a full-text conversation between the then Deputy Commissioner of Police in Nigeria, Abba Kyari, and Ray Hushpuppi, who is currently standing trial for multi-million dollar fraud in a United States Court.
After he was implicated in the HushPuppi scandal. The Us District Court for the Central District of California ordered the FBI to track down Abba Kyari and produce him in the United States for his role in a multi-million dollar fraud perpetrated by Hushppupi and his co-conspirators.
A report by Sahara Reporters a year ago revealed that Kyari was lobbying the Nigeria Police Force starting with the Inspector-General of Police, Usman Baba, and threatening to expose other top police officers who have benefitted from his largesse, should he be handed over to the FBI and extradited.
In a bid to protect themselves, the top guns hatched a plot to implicate Abba Kyari in a serious crime to thwart his extradition to the United States.
Few months later, The National Drug Law Enforcement Agency (NDLEA) declared the suspended head of the Intelligence Response Team, IRT, DCP Abba Kyari, wanted for alleged drug trafficking and being a member of a drug syndicate that operates across the globe. Six months ago, NDLEA filed an 8-Count drug trafficking charge against DCP Abba Kyari and 6 Others.
On March 7 2022, the suspended DCP was arraigned alongside Sunday Ubia, Bawa James, Simon Agirigba and John Nuhu who are members of the police Intelligence Response Team (IRT).
Kyari and four other defendants pleaded not guilty, but Umeibe and Ezenwanne, the sixth and seventh defendants pleaded guilty and begged the court to “have mercy”.
Delivering the ruling, the judge, Emeka Nwite convicted the two defendants and sentenced them to two years’ imprisonment each on counts 5, 6 and 7.
The judge, however, held that the jail terms will run concurrently starting from the day the NDLEA arrested the defendants.
Meanwhile, Justice Inyang Ekwo, had on February 21, dismissed a request by Abba Kyari for the NDLEA to grant him bail on health grounds, pending the hearing and determination of his fundamental right enforcement application.
Delivering his Judgement, Justice Emeka Nwite ordered Kyari and the four other police officers to be remanded in Kuje prison, he othered Messrs Emeka and Ezenwanne who have pleaded guilty to be reminded at the Suleja correctional centre, Niger State.
Hearing the Judgement, Abba Kyari’s wife Slumped In Court. It was later revealed that she is asthmatic.
Moving into Kuje Prison reportedly was tough for Kyari as he reportedly escaped death when over 190 inmates attempted to kill him after accusing him of insincerity in bribe-for-release deals when he was in active service.
Mr Kyari was ”reportedly” rescued by officials and has since been kept in an isolated cell “under heavy protection where no one sees him for fear of attack or poisoning.” (Basically, this means Abba Kyari is in his house and not at Kuje Prison. If you know Nigeria very well, you’ll know that ”big men” don’t sleep in prisons. They go to their houses at night and return to jail/prison in the morning to meet reporters and guests).
On July 5th 2022, Kuje Prison was attacked by Boko Haram terrorists who used bombs and explosives to free their members.
Over 600 inmates escaped and the whereabouts of Abba Kyari was unknown.
Meanwhile, sources in the prison told Punch Newspaper that the whereabouts of Kyari and other inmates were unknown early Tuesday morning.
“We have not seen him today. He didn’t also come for Subhi (early morning) prayer as usual. But I don’t know what is happening,” a source said.
Another official, who preferred anonymity, said that the whereabouts of Kyari remained unknown to him as of 09.30am.
“I am sure he is not missing and he didn’t escape. But I don’t know where exactly he is,” the official said.
However, the spokesperson of the Nigerian Correctional Service (NCoS), Abubakar Umar denied the claim that Abba Kyari was missing.
Few weeks ago, during a Court sitting, Abba Kyari told the court that he should be granted bail because he refused to escape with other inmates on the night terrorists attacked Kuje Prison. He narrated how ‘He Hid Like Rat’ During the Kuje Prison Attack In Abuja.
