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Court Fixes Date To Decide Abba Kyari’s Fate On Extradition

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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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BREAKING: Court Finds Natasha Guilty Of Contempt, Fines Her N5 million

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The Federal High Court in Abuja on Friday convicted the senator representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan, for contempt over a satirical apology she posted on her Facebook page on April 27.

Justice Binta Nyako, delivering judgment in the suit filed by Senator Akpoti-Uduaghan challenging her suspension, began with the contempt application submitted by the Senate President, Godswill Akpabio.

Akpabio, in his application, argued that the senator’s social media post breached an earlier court order that restrained all parties from speaking to the press or posting on social media about the matter.

Akpoti-Uduaghan’s counsel contended that the post was unrelated to the court’s order on her suspension but was about a separate matter involving sexual harassment claims against the third respondent (Akpabio).

However, Justice Nyako ruled that after reviewing the post and the application before her filed by the third respondent, she was convinced it was connected to the suspension case before the court and therefore declared the plaintiff guilty of contempt.

The judge directed Akpoti-Uduaghan to publish an apology in two national newspapers and on her Facebook page within seven days. She also imposed a fine of N5 million.

 

More to come…

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BREAKING: Court Orders Senate To Recall Suspended Natasha Akpoti

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A Federal High Court sitting in Abuja on Friday ruled that the Nigerian Senate exceeded its powers by suspending Senator Natasha Akpoti-Uduaghan for six months, ordering her to be immediately recalled to the Red Chamber.

Justice Binta Nyako, delivering the judgment, described the suspension period as “excessive” and lacking a solid legal basis.

The court stated that both Chapter 8 of the Senate Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act, which the Senate relied on, do not specify a maximum suspension length. Therefore, their application in this situation was considered overreaching.

The judge noted that since the National Assembly is only mandated to sit for 181 days in a legislative year, suspending a lawmaker for about the same length of time effectively silences an entire constituency, calling it unconstitutional.

“While the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,” Nyako ruled.

However, the court agreed with Senate President Godswill Akpabio on a different issue, ruling that his decision to prevent Akpoti-Uduaghan from speaking during a plenary—because she was not in her designated seat—did not violate her rights.

Nyako also dismissed Akpabio’s argument that the judiciary should not interfere in what he described as an “internal affair” of the legislature, saying fundamental rights and representation fall squarely within the court’s jurisdiction.

In a separate twist, the court imposed a monetary penalty on Akpoti-Uduaghan for violating an earlier court directive that barred both parties from making public comments about the ongoing legal proceedings.

The fine amounts to millions of naira.

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COALITION: We’ll Register New Party As Backup To ADC — El-Rufai

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A leader of the Social Democratic Party, SDP, and an important figure in the opposition coalition, Nasir El-Rufai, stated that a new political party would be registered as a backup for the African Democratic Congress, ADC.

El-Rufai explained that the new party would serve as an alternative option to guard against potential infiltration by the All Progressives Congress, APC, into the ADC.

The opposition coalition had chosen the ADC as its platform on Wednesday.

However, El-Rufai noted that there is a possibility the APC could spark a crisis within the ADC by turning old members against the new leadership.

He revealed this during an interview with Radio France International (RFI) Hausa Service on Wednesday night.

“Those who refuse to join the APC face threats of investigations by agencies like the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC), or Code of Conduct Bureau (CCB).

“The opposition parties’ alliance in the ADC is temporary, and we may register a new party as a second option, which we will move to should the ADC be instigated into crisis by the government,” the former Kaduna governor stated.

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