The Federal Government has acqiesed to the request by the United States of America, for the extradition of suspended Commander of the Police Intelligence Response Team, DCP Abba Kyari.
This was disclosed Thursday, 3 March, 2022, by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) when he filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
TheFact Nigeria recalls that in April 2021, a jury filed an indictment against Kyari with the approval of the U.S. District Court, and demanded Kyari stand trial for conspiracy to commit wire fraud, money laundering and identity theft, in collaboration with popular internet fraudster, Ramon Abbas a.k.a. Hushpuppi.
Consequently, the US Embassy requested for Kyari’s extradition saying, “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”.
The US Embassy further noted that, “The arrest warrant remains valid and executable to apprehend Kyari for the crimes with which he is charged in the indictment”.
TheFact Nigeria further notes that the Abuja Division of the Federal High Court had, in August last year, rejected an ex-parte application for an order to stop the Nigerian Police Force and the Attorney General from arresting and extraditing the suspended Deputy Commissioner of Police.
In the affidavit filed in support of the extradition application, the AGF stated that he was satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.
He added that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial.
Malami also 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 the interest of justice.
He added that 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 charge filed along with the extradition application reads:
• 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.