…As AGF says extradition is a process that involves multifaceted components
Barring unforeseen circumstances, the suspended Commander of the Police Intelligence Response Team (IRT), Deputy Commissioner of Police (DCP) Abba Kyari may soon be on his way to the United States to face investigation into the over $1.1million wire fraud perpetrated by Abbas Ramon Hushpuppi and four others.
The move followed the approval by the Federal Government of Nigeria to grant the request by the FBI of the United States of America to have DCP Abba Kyari extradited.
The approval of the Federal Government was contained in an application filed before the Chief Judge of the Federal High Court in Abuja by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN, which was marked: FHC/ABJ/CS/249/2022 under the Extradition Act.
Malami explained that the application followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment.
The Chief Law Officer of the Federation said he was satisfied that the offence in respect of which DCP Abba Kyari’s surrender is not political nor is it trivial.
He expressed satisfaction that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and in the interest of justice.
Malami further said; “Kyari, if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.
The AGF also said that having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender Abba Kyari.
He specifically said that he was satisfied that Kyari has been accused of the offence for which his surrender is sought, adding that that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
In April 2021, a jury filed an indictment against suspended DCP Abba Kyari with the approval of the U.S. District Court and demanded that he should stand trial for conspiracy to commit wire fraud, money laundering and identity theft.
Accordingly, the US Embassy requested for Kyari’s extradition saying; “On April 29, 2021, based on the indictment filed by the grand jury and with the approval of the United States District Court for the Central District of California, a deputy clerk of the court issued a warrant of arrest for Kyari”.
It further states; “The arrest warrant remains valid and executable to apprehend Kyari for the crimes with which he is charged in the indictment.
“Kyari is wanted to stand trial in the United States for conspiracy to commit wire fraud and money laundering, and identity theft.
“Kyari is the subject of an indictment in case Number 2:21-cr-00203 (also referred to as 2:21-MJ-00760 and 2:21-CR-00203-RGK), filed April 29, 2021, in the United States District Court for the Central District of California.”
Kyari was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas popularly known as Hushpuppi to commit the crime.
The charges against DCP Abba Kyari states; “Count one: Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years;
“Count two: Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
“Count three: Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years”.
In the meantime, the AGF has explained that extradition is a process that involves multifaceted components which are usually multi-territorial; international, local and judicial.
Malami said that submission of request from the concern party to the relevant authorities constitutes one of such components.
Malami in a statement by his Special Assistant on Media and Public Relations, Dr. Jubilu Gwandu said that his office received the extradition request in respect of the officer in question (Abba Kyari).
The AGF said that after thorough studies and reviews of issues regarding the application and components thereof, his office processed the application and forward same to the relevant authorities for further necessary action.
