The Federal High Court Abuja, on Monday, dismissed an application from the office of the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, for the extradition of detained Deputy Commissioner of Police, DCP, Abba Kyari to the United States to face trial.
Justice Inyang Ekwo rejected the application filed on behalf of the Federal Government seeking to extradite Kyari, to the United States of America, USA, for trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.
The court stated that the extradition application, was “incompetent and lacking in merit”.
Justice Ekwo noted that the Extradition Act was against the surrendering of a defendant that is already facing trial before a competent court in the country, adding that a FIAT had been issued by the National Drug Law Enforcement (NDLEA) to prosecute DCP Kyari on drug related charges.
Ekwo said: “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.”
He stressed that the law was clear that Kyari shall not be surrendered until his case with National Drug Law Enforcement Agency (NDLEA) had been discharged either by his conviction or acquittal.
NDLEA arrested Kyari on February 12 for investigation over allegations bordering on hard drug trafficking and had since been charged to court upon his indictment.
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