The Federal High Court in Abuja, on Friday, has fixed 29th August 2022 for judgment in a suit seeking to extradite Abba Kyari to the United States of America to face fraud charges.
Abubakar Malami, the Attorney-General and Minister of Justice of the Federation filed the extradition proceedings against Mr. Kyari, seeking the court’s approval to surrender him to the United States government.
Mr. Kyari, a suspended deputy commissioner of police, is wanted by the American government over pending fraud charges filed against him and others at the Central District Court of Central District of California.
U.S. prosecutors accuse him of complicity in the $1.1million international fraud spearheaded by Abbas Ramon, popularly known as Hushpuppi. Hushpuppi is a former Nigerian Instagram celebrity, who now awaits sentencing after pleading guilty to the scam and other criminal activities.
After taking final arguments from lawyers to the federal government and Mr. Kyari, on Friday, the judge, Inyang Ekwo, said the judgment will be delivered in the case on August 29.
Earlier, Mr. Kyari’s lawyer, Nureni Jimoh, asked the court to refuse the extradition request on the grounds that he committed no offense to warrant the Nigerian government to ferry him to the U.S.
“I know as a fact that the specified offenses are of a political character and were in fact made for the purpose of prosecuting and punishing the Respondent on account of his race, and nationality and was not made in good faith nor in the interest of justice,” the defense lawyer said.
Mr. Jimoh, a Senior Advocate of Nigeria (SAN), informed the judge that more than a year before Mr. Kyari’s arrest, he had written the Attorney General of the Federation and the Inspector General of Police, notifying them that he had opened a channel of communication with a suspected Internet fraudster, Ramon Abass.
In the two separate letters tendered in court, the defense lawyer explained that the purpose of opening the communication line with Hushpuppi was to give confidence to the suspected fraudster and lure him to come to Nigeria where an ambush was already laid for a sting operation by Mr. Kyari’s strike force.
“The request for the extradition is not supported by any document or verifiable evidence,” the lawyer argued.
“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 defense for the country.
“The Respondent is confronted with a series of charges to break him down because of his achievements and various National honors. A copy of the charge framed against the Respondent by the NDLEA is herewith attached as Exhibit 2.
“The offenses 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.”
Mr. Jimoh informed the court that American authorities once commended his client (Mr. Kyari) for the zeal and professionalism he was exhibiting in the battle against Internet crime.
“The respondent (Mr. Kyari) has equally been decorated by the US Authorities
“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.”
He further told the court that the wire fraud charge brought against Mr. Kyari by the American government is not known as an offense under Extradition Act and therefore, should not be allowed by the court to be used to extradite him.
“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 offenses are not listed and cannot be imported into it. For any offenses to be extradition offenses, it must carry the twin head of being listed in the extradition Treaty and has similar or analogous offense in Nigeria,” he contended.
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