The Federal High Court sitting in Abuja has dismissed an application by the Federal Government seeking extradition of detained DCP, Abba Kyari, to the United States of America.
The court judgement was delivered by Justice Inyang Ekwo.
DCP, Abba Kyari was to be extradited to face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, better known as Hushpuppi.
The Judge held that the extradition application FG filed through the office of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was “incompetent and bereft of merit”
Justice Ekwo held that the AGF, Malami, SAN, being the Chief Law Officer of the country, ought to be aware that the Extradition Act, forbade the surrendering of a defendant that is already facing trial before a competent court in the country.
The court wondered why the AGF approached the court with the extradition application when he was equally the one that issued FIAT to the National Drug Law Enforcement, NDLEA, to prosecute DCP Kyari on drug related charges.
“The AGF could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA”, Justice Ekwo added.
He said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country, “shall not be surrendered until such case has been discharged either by his conviction or acquittal”.
Consequently, the court held that the extradition request was incompetent and deserved to be dismissed.