FG Approves DCP Kyari’s Extradition to United States

The federal government has started the process of extraditing suspended Deputy Commissioner of Police (DCP) Abba Kyari to the US to face fraud charges.

The National Drug Law Enforcement Agency (NDLEA), which currently has Kyari in custody after his arrest for alleged illicit drug dealing, began a court process against him a few hours after the extradition process began. Kyari, four of his colleagues in the Inspector General of Police Special Intelligence Response Team (IRT), and two others would be arraigned on drug-related charges at any time as a result of this development.

At the Federal High Court in Abuja, the NDLEA filed an eight-count criminal charge against the defendants.
Even though the federal government has begun the extradition process, the NDLEA court action against Kyari implies that he cannot be extradited to the United States.

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“A fugitive criminal- (a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or (b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise,” according to Section 3 (f) of the Extradition Act
Kyari, a once-famous Nigerian police officer, is currently embroiled in a slew of criminal charges stemming from cases in which the “super cop” had previously been lauded for his efforts.

The United States had requested Kyari’s extradition to explain his alleged involvement in a $1.1 million wire fraud after the arrest and imprisonment of Abass Ramon, a.k.a. Hushpuppi, and Ramon’s alleged implication of Kyari, who was then Commander of the Police Intelligence Response Team (IRT).

Mr. Abubakar Malami (SAN), the Attorney General of the Federation (AGF) and Minister of Justice, announced yesterday that the federal government had filed an application for Kyari’s extradition before the Chief Judge of the Federal High Court in Abuja, months after the extradition request. Malami stated that the application, which was filed in response to a request from the American embassy’s diplomatic representative in Abuja, was filed under the Extradition Act and was marked: FHC/ABJ/CS/249/2022.

Only recently, during a television interview, the AGF promised that if the government was convinced, President Muhammadu Buhari’s administration would extradite Kyari to the United States to face the fraud charge filed against him, Hushpuppi, and four others.

The extradition request was “for the surrender of Abba Kyari, who is a subject in a superseding three counts indictment,” according to the minister. He claimed that the crime for which Kyari was being extradited was neither political nor minor.

Malami went on to say that the request for Kyari’s surrender was made in good faith and in the interest of justice, not to persecute or punish him because of his race, religion, nationality, or political beliefs.

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Kyari would not be victimized at his trial if he surrendered, and he would not be punished, detained, or have his personal liberty restricted because of his race, nationality, or political beliefs, according to the minister.
Malami explained that, given the circumstances of the crime, surrendering him would not be unjust or oppressive, nor would it be an overly harsh punishment. He added that Kyari was not facing any criminal charges in Nigeria for the same offense.

Kyari and four IRT members will be arrested by the NDLEA on an eight-count drug charge.

The federal government plans to charge Kyari, four of his IRT colleagues, and two others with drug-related offenses at any time now.
Kyari and his co-accused were arrested on February 14 and turned over to the police for questioning regarding drug-dealing allegations.
Mr. Joseph Sunday, the NDLEA’s Director of Prosecution and Legal Services, signed the charge, which was filed yesterday and was marked FHC/ABJ/CR/57/2022.

The anti-drug agency had previously obtained a court order to detain Kyari and others for another 14 days in order to complete its investigation and then charge them in court.
Sunday Ubua, Assistant Commissioner of Police (ACP), Bawa James, Inspector Simon Agirigba, Inspector John Nuhu, Chibuinna Patrick Umeibe, and Emeka Alphonsus Ezenwanne were among the others named in the charge.

In count one, Kyari, ACP Ubua, ASP James, Inspector Agirigba, and Inspector Nuhu, all members of the Intelligence Response Team, were accused of dealing in 17.55 kilogrammes of cocaine between January 19 and 25, violating section 14 (b) of the Natural Drug Law Enforcement Agency Act, CAP 30, Laws of the Federation of Nigeria 2004, and committing an offence.

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“That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu, all male, conspired amongst yourselves with ASP John Umoru (now at large) to deal in 17.55 kilogrammes of cocaine on or about January 19 to 25, 2022, at the office of Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja, on or about January 19 to

“That you, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu, all male, Adult, on or about the 19th to 25th January 2022, at Abuja within the jurisdiction of this Honourable Court, dealt in 17.55 kilogrammes of cocaine without lawful authority and thus committed an offence contrary to and punishable under section 11(c) of the National Drug Law Enforcement Agency Act, CAP

“That on or about JanuaryJl 19 to 25, 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Court, you DCP Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu, all male, all male, Adult conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully

“That you, DCP Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu, all male Adults, unlawfully tampered with 21.35 kilogrammes of cocaine seized from Chibunna Umeibe and Emeka Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable

“That on or about the 19th January 2022 at Akanu Ibiam International Airport, Enugu Nigeria, within the jurisdiction of this Honourable Court, you Chibunna Umeibe, male adult, and Emeka Ezenwanne, male adult, without lawful authority imported 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004, you

“That you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male, adult on or about the 25th of January 2022 at Akanu Ibiam International Airport, Enugu, Nigeria within the jurisdiction of this Honourable Court without lawful authority imported 21.35 kilogrammes of cocaine and thereby committed an offence contrary to a punishable under section 11(a) of the National Drug Law Enforcement Agency ACT CAP N30 Laws

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“That on the 25th January 2022, at Akanu Ibiam International Airport, Enugu, Nigeria, within the jurisdiction of this Honourable Court, you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male adult and one IK, now at large, knowingly possessed 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 11(d) of the National Drug Law Enforcement Agency Act

“That you, DCP Abba Kyari, on or about January 25, 2022, at a restaurant on Port Harcourt Crescent, Area 11, Garki Abuja, within the jurisdiction of the court, attempted to obstruct the Agency and its authorised officers in the performance of their duties by offering the sum of $61,400.00 USD (sixty-one thousand, four hundred United States of America Dollars) to a senior officer of the Agency as inducement to prevent the testing of the 17.55kilogram
The defendants’ arraignment has yet to be scheduled.