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Malami undermining Abba Kyari’s extradition application, HURIWA alleges

By Bridget Chiedu-Onochie
05 March 2022   |   4:12 am
The Human Rights Writers Association of Nigeria (HURIWA) has accused the Attorney General of the Federation (AGF), Abubakar Malami (SAN) of subtle conspiracy to frustrate the extradition of embattled Deputy Commissioner of Police, Abba Kyari, to the United States (U.S.).

Malami

The Human Rights Writers Association of Nigeria (HURIWA) has accused the Attorney General of the Federation (AGF), Abubakar Malami (SAN) of subtle conspiracy to frustrate the extradition of embattled Deputy Commissioner of Police, Abba Kyari, to the United States (U.S.).

In a statement by its National Coordinator, Emmanuel Onwubiko, the civil rights advocacy group said it was a known fact that the U.S. Federal Bureau of Investigation (FBI) had requested that Kyari be tried in America for his role in an alleged internet fraud involving Ramon Abbas aka Ray Hushpuppi.

The group said the office of the AGF allowed the extradition of Kyari to linger so much till after nearly a year “before it announced this week that the Nigerian government was willing to extradite Kyari to the U.S.”

It noted that a few hours later, the media revealed that the NDLEA had since last Monday filed eight counts against Kyari before a Federal High Court and he would be arraigned on March 7.

Kyari has been in NDLEA custody since February 14 for attempting to sell 25kg of cocaine, which was seized from some drug dealers. The NDLEA had also accused him of being a drug kingpin.

HURIWA alleged that, “the AGF and some northern political forces must be on a conspiratorial mission because as long as Kyari is facing charges in Nigeria, he cannot be extradited to the U.S. based on the Extradition Treaty between Nigeria and the United States.”

The group quoted the law thus: “Attorney General of the Federation however has the power to refuse extradition. According to section 3 of the Extradition Act, which places restrictions on extradition, ‘A fugitive criminal – (a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or (b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise.’

HURIWA added: “Apparently, it would seem that either that the AGF is not even aware that NDLEA, which is an agency under his Ministry had filed charges or he knew and he still authorised filing of extradition application even when aspects of the Extradition Treaty between Nigeria and U.S. says no extradition will happen if the accused person is facing same or another charge or charges at the time of filing the extradition application.

“So, it is either that the government is taking Nigerians for a ride by muddying up the extradition application so their sacred cow does not go to the U.S. to face charges of 419 alongside Hushpuppi or the justice minister need to explain why his office did not ask the NDLEA not to file charges so the extradition application goes first and is successfully obtained because as it is, the accused person can’t be extradited since he now has an advantage of the provision of the extradition treaty not to be extradited.

“The AGF must remedy his administrative or intentional error to rely on section 174 of the Constitution on Nolle prosequi to terminate the charges filed by NDLEA so the extradition procedure in the Federal High Court won’t be sabotaged. He must do this fast.”