Justice Inyang Ekwo of the Federal High Court Abuja has fixed March 23, to hear an application seeking the extradition of the suspended Deputy Commissioner of Police (DCP), Abba Kyari, to the United States of America.
The application, marked: FHC/ABJ/CS/249/2022 and dated March 2, 2022, was filed by the Federal government, through the Office of the Attorney-General of the Federation (AGF), Abubakar Malami.
Filed under the Extradition Act, as part of Nigerian government’s approval of the request by the United States for Kyari’s extradition, the AGF is the applicant, while Kyari, a former Head of the Inspector-General of Police special Intelligence Response Team (IRT), is the respondent.
Directly addressed to the chief judge, the application claimed that a request was made to Nigeria by Diplomatic Representative of the Embassy of the United States of America (USA), Abuja, for the surrender of Kyari, who is a subject in a superseding three counts indictment in case no: 2:21-cr-00203-RGK.
The AGF, said the case was filed on April 29, 2021, in the U.S. District Court for the Central District of California, USA.
According to Malami, Kyari was to answer to a three-count charge. “Count one: Conspiracy to commit wire fraud in violation of Title 18, United States Code, Sections 1349, ll.
“Counts two: Conspiracy to commit money laundering in violation of Title 18, United States Code, Sections 1956(h)
“Count three: Aggravated identity theft and aiding and abetting, in violation of Title 18 U.S.C, Sections 1028A (a){1}j and 2(a).”
Malami also noted that the application was in line with the requirement of the Extradition Act, CAP E25, LFN, 2004.
He argued that the offence for which the suspect is accused of is extraditable under Articles 3 (18 & 20) of the Extradition Treaty between the United States of America and Great Britain, signed at London, on December 22,1931; Adding that the treaty is recognised as binding on the Federal Republic of Nigeria, by legal Notice 33 of 1967.
He said the offences are also covered by Articles 3, 5 and 6 of the United Nations Convention Against Transnational Organised Crime, adopted November 15, 2000 (“The UNTOC”).
Malami said that the offence charged in count three is considered a separate serious crime, covered under Article 16(2) of the UNTOC.
He said besides that, the offences for which Kyari is accused are extraditable, they are also punishable under the Nigerian laws.
“The offence is analogous to the offence in Sections 1 and 8 of the Advance Fee Fraud Act and Other Related Offences 2006.
“Now, I, Abubakar Malami, SAN, Honourable Attorney-General of the Federation and Minister of Justice, by this application, under my hand, signify to you that this request has been made, and require you to deal with the case in accordance with the provisions of the Extradition Act, Cap. E25, Laws of the Federation of Nigeria, 2004.
“In support of this application, I attach an affidavit together with the Exhibits thereto, deposed to by Henry Temeka, Nigerian, male, Higher Executive Officer, Central Authority Unit, International Cooperation Department, Federal Ministry of Justice, Abuja”, the application read.
The matter, which was assigned to Justice Inyang Ekwo by the Chief Judge of FHC, Justice John Tsoho, has been fixed for March 23 for hearing.