TheCable

A federal high court in Abuja has granted Abba Kyari, suspended deputy commissioner of police (DCP), permission to file more evidence to challenge a suit seeking to extradite him to the United States to face criminal charges.

Kyari is wanted in the United States over alleged conspiracy to commit wire fraud, money laundering and identity theft.

A grand jury had, on April 29, 2021, filed an indictment against him with the approval of the US district court for the Central District of California, after which a warrant was issued for his arrest.

In July 2021, the Federal Bureau of Investigation (FBI) indicted Kyari in a $1.1 million fraud involving Hushpuppi, the self-confessed international fraudster.

In August 2021, Usman Baba, inspector-general of police, received the report of a panel set up to probe the allegation against the officer.

The report was thereafter sent to the attorney-general of the federation (AGF), who then filed an extradition application against Kyari on March 2.

At the court session on Thursday, Nureni Jimoh, Kyari’s counsel, moved a motion praying the court to allow his client bring additional documentary exhibits to establish his innocence.

Although Pius Akuta, the prosecution counsel, raised an objection, Inyang Ekwo, the presiding judge, ruled in favour of Kyari.

Kyari, in a counter-affidavit deposed to by his younger brother, Mohammed, insisted that all the allegations pending against him are not extraditable offences.

“I know as a fact that the specified offences are of a political character and were in fact made for the purpose of prosecuting and punishing the respondent on account of his race, nationality and was not made in good faith nor in the interest of justice,” the deponent said.

Kyari said he was already carrying out a “sting investigation” into Hushpuppi before he was “framed and arrested”.

“A copy of the letter written by the respondent to the Interpol on 28th January 2020 and to the inspector-general of police on 3rd March 2020 in respect of the sting investigation being carried out by the respondent are herewith attached as Exhibit 1a & 1b respectively. This was five months before the arrest of Ramon Abbas and others by the FBI,” the affidavit reads.

“The request for the extradition is not supported by any document or verifiable evidence.

“The request is directed to undermine the crackdown on various crime gangs by the respondent in Nigeria and internationally, and has a political undertone.

“The request is for purposes of persecuting or punishing the respondent on account of his defence for the country.

“The respondent is confronted with series of charges to break him down because of his achievements and various national honours.

“The offences are trumped up and the respondent is seriously committed to defending himself.

“The application for extradition processes clearly shows allegation of crimes committed on Nigeria soil. A copy of the alleged charge framed against the respondent by the US government is herewith attached as Exhibit 3.

“The respondent has undergone administrative inquiry which is still ongoing and has not been completed to date on the same matter.

“The respondent is a Deputy Commissioner of Police in the employment of the Nigeria Police who is highly decorated with meritorious service/excellent awards for outstanding service to the nation and has nowhere to run to. The respondent has equally been decorated by the US authorities.

“Having regards to all the circumstances thereof, it will be unjust, oppressive and improper to surrender the respondent to the USA.

“We also further submit that the alleged extradition offences are not listed and cannot be imported into it. For any offences to be extradition offences, it must carry the twin head of being listed in the extradition Treaty and has similar or analogous offence in Nigeria.

“The instant case has failed this test. We will rely on the list of treaties. Equally, there is an ongoing criminal trial against the respondent in FHC/ABJ/CR/57/2022, which the applicant failed to disclose.

“Finally, the respondent submits that the applicant’s request concealed the ongoing criminal proceedings against the respondent and it will prove that on the merit, this application is deserving of being dismissed and the respondent to be discharged accordingly for the above and other reasons herein.”