Justice Inyang Ekwo of the Federal High Court, Abuja has turned down the Federal Government demand seeking to extradite suspended Deputy Commissioner of Police (DCP), Abba Kyari to the United States for trial for suspected internet fraud.
Justice, in a judgment on Monday dismissed the FG’s suit on the ground of a pending court case filed by the Attorney General of the Federation, Abubakar Malami, and the National Drug Law Enforcement Agency (NDLEA).
According to the judge, Section 3 of Nigeria’s Extradition Law disallowed Nigeria to extradite a criminal unde going trial at home, and therefore, ruled that the suit was brought in bad faith and was dismissed.
The Federal Government had wanted to estradite Kyari to the U.S. to answer charges over alleged link with Ramon Abass, aka Hushpuppi, in a $1.1m fraud committed against a usinessman from Qatar.
In February 2021, the US District Court for the Central District of California ordered the FBI to arrest Kyari, who denied the allegations in a Facebook post he later deleted.
The government, through the Office of the AGF, had filed the application marked: FHC/ABJ/CS/249/2022.
The suit, titled: “Application for the Extradition of Abba Kyari to the U.S.,” was dated March 1 and filed on March 2.
Kyari formerly headed the Inspector-General of Police Intelligence Response Team (IRT).
Kyari and six others are currently facing a separate trial on allegations bordering on drug trafficking before a sister court presided over by Justice Emeka Nwite.