Inyang Ekwo, the judge, presiding Judge of the Federal High Court in Abuja On Monday revealed that the court threw out a request by the federal government to extradite suspended Deputy Commissioner of Police (DCP) Abba Kyari to the United States to face criminal charges because the appeal was incompetent and devoid of substance.
While delivering judgment on Kyari’s extradition case on Monday, Ekwo explained that the Attorney General of the Federation (AGF) Abubakar Malami should be aware that the Extradition Act prohibits the extradition of a defendant currently standing trial in a court of competent jurisdiction.
The court criticized the AGF’s decision to seek extradition given that he had previously directed that Kyari be charged with drug trafficking by the National Drug Law Enforcement Agency (NDLEA).
“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,” the judge said.
He claimed that it was crystal obvious from the country’s legislation that Kyari “must not be surrendered until such case has been discharged either by his conviction or acquittal” after being charged before a court of competent jurisdiction in the nation.
Kyari is wanted in the US on charges of wire fraud conspiracy, money laundering, and identity theft.
A warrant for Kyari’s arrest was issued when a grand jury indicted him on April 29, 2021, with the approval of the US district court for the Central District of California.
Usman Baba, the inspector-general of police, received the report of a panel formed to investigate allegations against Kyari in August 2021.
The report was subsequently forwarded to the Attorney-General of the Federation (AGF), who filed an extradition request for Kyari in March.
However, the claim was dismissed by the court for being incompetent.