A Federal High Court in Abuja yesterday rejected the extradition application filed by the Nigerian government for permission to extradite suspended Deputy Commissioner of Police (DCP) Abba Kyari to the United States of America (U.S.A).

The U.S authorities had applied to the Nigerian government for Kyari’s extradition over his alleged link with incarcerated internet fraudster, Ramon Abbas (aka Hushpuppi).

The U.S Attorney’s Office for Central District of California in Los Angeles confirmed last week that Hushpuppi would be sentenced on September 21, 2022.

In a judgment yesterday, Justice Inyang Ekwo held that the extradition application filed by the Attorney General of the Federation (AGF) was an abuse of court process on the grounds that Kyari was already standing trial for a criminal offence at a Nigerian court.

Justice Ekwo also held that since the law requires that his fiat be first obtained by the National Drug Law Enforcement Agency (NDLEA) before initiating criminal cases, the AGF could not claim to be unaware of the earlier charge filed against Kyari by the agency.

The judge further held that the extradition application was filed in bad faith, was bereft of merit and ought to be dismissed.

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He held that the eight-count charge (for which Kyari and others are being tried before Justice Emeka Nwite of the Abuja Division of the Federal High Court) was filed on February 18, 2022, while the extradition application was filed on March 2, 2022.

Justice Ekwo said: “By the role given to the Attorney General of the Federation in Section 10 of the NDLEA Act, the National Drug Law Enforcement Agency commences criminal proceedings in court by his (AGF’s) fiat.

“Indeed, charges under the NDLEA Act are normally brought in the name of the Attorney General of the Federation.

“Therefore, the Attorney General of the Federation, being the applicant in this case, cannot say that at the time this application was initiated on March 2, 2022, he was not aware of the pendency of the criminal proceedings …which was commenced on February 28, 2022.

“The position of the law, in Section 3(6)(a) of the Extradition Act, is that a fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence which his surrender is sought, shall not be surrendered until such time as he has been discharged, whether by acquittal or on expiration of the sentence or otherwise.

“By the wording of Section 3(6)(a) of the Extradition Act, the law mandatorily estops the court from making an order to surrender a fugitive who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence which his surrender is sought until such a time as he has been discharged, whether by acquittal or on expiration of the sentence or otherwise. This, in my opinion, is plain and easy to understand,” he said.