The Abuja Federal High Court, on Monday, dismissed an application filed by the Federal Government to extradite the suspended Deputy Commissioner of Police, Abba Kyari, to the United States of America.
The FG was seeking to extradite Kyari to go face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.
Delivering the judgement, Justice Inyang Ekwo noted that the extradition application FG filed through the office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, was incompetent and unmerited.
The judge maintained that Malami 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.
He 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.
Justice Ekwo said that AGF Malami could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA.
He said the law was clear that Kyari, 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.”
The court consequently held that the extradition request was incompetent and deserved to be dismissed.
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