The Federal High Court on Monday dismissed FG’s request to extradite Abba Kyari to the US.
Justice Inyang Eden Ekwo of the Federal High Court sitting in Abuja, Nigeria’s capital, has quashed a suit instituted by the Federal Government seeking to extradite the suspended Deputy Commissioner of Police DCP, Abba Kyari to the United States of America (USA).
Justice Ekwo in a judgment held that the extradition request filed by the Attorney General of the Federation (AGF), Abubakar Malami on behalf of the Federal Government lacked merit and is liable to dismissal.
He held that the AGF, Malami, SAN, being the Chief Law Officer of the country, 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.
The court 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
“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,” Justice Ekwo added.
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”.
While FG maintained that it had met all condition precedents for the suspended DCP to be sent to the US to answer to a criminal charge that is pending against him, on the other hand, Kyari, challenged the legal competence of the extradition request against him.
