Inibehe Effiong, a human rights lawyer, has advised the National Drug Law Enforcement Agency (NDLEA) against filling court proceedings against Mr. Abba Kyari, the suspended Deputy Commissioner of Police wanted in the United States in connection with cyber crime.
Effiong who gave the advice on Thursday in response to the decision of the federal government to approve Kyari’s extradition to the U.S. where he is wanted over his alleged links with an internet fraudster, Ramon Abbas, alias Hushpuppi, noted that the extradition act makes it imperative for Kyari’s prosecution on drug charges to be put on hold.
The lawyer explained that proceeding to prosecute Kyari in Nigeria for drug related offences would prevent his extradition because an individual facing trial in Nigeria cannot be extradited to another country.
Recall that Abba Kyari is currently being detained by the NDLEA after being arrested by the agency for alleged cocaine deals and could be facing trial any moment.
Effiong further commended the federal government for its decision to extradite controversial cop.
According to him: “The extradition application filed by the Attorney General of the Federation for Abba Kyari to be extradited to the US is a welcome development. Now that the FG has taken this step, NDLEA has to stay action on the drug related charges against Kyari. That’s the implication,” Effiong said.
“Investigation by the NDLEA can continue while the extradition application is litigated. But it will be counter productive for the NDLEA to proceed to file charges against Kyari during the pendency of the extradition application. That will make nonsense of the entire process.
“Section 3 of the Extradition Act makes it imperative for the prosecution of Kyari on the drug charges be put on hold. This is because by the said provision, extradition application will be refused by the court if the wanted fugitive is undergoing prosecution for another crime.
“If Abubakar Malami, SAN is serious and honest about extraditing Kyari, he should ensure that the NDLEA does not file charges against Kyari at this time. Otherwise, it will vindicate those who have asserted that the drug allegations may just a disguise attempt to shield Kyari.”
The Nigerian government had earlier on Thursday approved the request by the U.S. to extradite Kyari.
The US had requested that Kyari should be extradited over alleged $1.1million wire fraud involving Hushpuppi and four others.
Malami (SAN), the Attorney-General of the Federation and Minister of Justice, made the decision known in an application filed before the Chief Judge of the Federal High Court in Abuja.
In the application marked, FHC/ABJ/CS/249/2022, and filed under the Extradition Act, Malami said the application was necessitated by a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
FBI Special Agent, Andrew Innocenti, had alleged that Hushpuppi contracted the services of Kyari after a “co-conspirator,” Chibuzo Vincent, allegedly threatened to expose the alleged $1.1m fraud committed against a Qatari businessman.
Innocenti, who said he obtained voice calls and WhatsApp conversations between Kyari and Hushpuppi, had also alleged that the latter paid the police officer N8m or $20,600 for the arrest and detention of Vincent.
The United States Attorney’s Office at the Central District of California had ordered the FBI to arrest Kyari almost a year ago.
Kyari had taken to Facebook on July 29, 2021, to deny the allegations, but he later deleted the post after editing it about 12 times.
The Inspector-General of Police, Usman Baba, had recommended the suspension of Kyari, which the Police Service Commission carried out on July 31, 2021.
The police boss had on August 2, 2021, constituted the Special Investigation Panel headed by the Deputy Inspector-General of Police in charge of the Force Criminal Investigations Department, Joseph Egbunike, to probe the allegations.
The findings of the probe panel were transmitted to the AGF office which is responsible for matters regarding extradition, repatriation and transfer of suspects or wanted persons.
On Thursday, the AGF said the offence in respect of which Kyari’s extradition was requested “is not political nor is it trivial”.
“If surrendered, (Kyari) 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,” part of the application read.
Kyari is the subject of an indictment in case Number 2:21-cr-00203 (also referred to as 2:21-MJ-00760 and 2:21-CR-00203-RGK), filed April 29, 2021, in the United States District Court for the Central District of California.
The US charges against Kyari read, “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.”