Malami: No confusion on Abba Kyari’s extradition, cocaine trafficking trial

The Attorney-General of the Federation, Abubakar Malami, has stated that the extradition processes and cocaine-trafficking accusations filed against Abba Kyari, a suspended deputy commissioner of police, are free of any dispute or controversy.

Mr Malami made the remarks after the Federal Executive Council (FEC) meeting on Wednesday at the Presidential Villa in Abuja, which he addressed to State House media.

The National Drug Law Enforcement Agency filed cocaine-related charges against Mr Kyari before the Federal High Court in Abuja, raising fears that the drive to extradite him to the United States might be thwarted (NDLEA).

Section 3 (6) of the Extradition Act, which prevents the extradition of a fugitive facing multiple criminal accusations in Nigeria, is at the root of the issues.
“(A) A fugitive criminal who has been charged with an offence under Nigerian law or any portion thereof, other than the offence for which his surrender is sought; or

“(B) Who is serving a term imposed by a Nigerian court in respect of any such offence shall not be surrendered until he has been freed, whether by acquittal, the completion of his sentence, or otherwise.”

However, Mr Malami characterised the concerns about the anticipated impact of the cocaine-trafficking charges on the extradition move as a misperception, without addressing the exact implications of the statutory requirements on the move to extradite Mr Kyari.

“There is no confusion,” he continued, “but there is a big misunderstanding or possibly malice on the side of people, perhaps journalists who have not taken the time to study a subject, grasp it, and respond appropriately.”

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Before the NDLEA charged him with cocaine-related offenses in February, the US government had requested Mr Kyari’s extradition for his parts in a $1.1 million fraud orchestrated by a former Nigerian Instagram celebrity, Ramon Abbas, alias Hushpuppi.
Despite the Extradition Act’s obvious provisions and the possibility that the defense would use the NDLEA case to dismiss extradition proceedings, the AGF insisted on Wednesday that there was no conflict between the two instances.

“What I’m saying is that there’s nothing quite like confusion, nothing quite like conflict, and there are two unique and separate circumstances,” he explained.

“So the decision whether a person should be extradited or not is a function, or perhaps a multilateral function, inclusive of the international community that makes a request, the Office of the Attorney General… request, and the judiciary to which the request is presented for review, analysis, and decision,” he continued.

“It’s being processed at the judicial level,” Mr replied when asked about the extradition proceedings.

The remark appears to be an attempt to blame the judiciary, given that the court may have to terminate the extradition proceedings if Mr Kyari’s legal team brings up the pending NDLEA cocaine case.

It also reinforces concerns about a conspiracy idea that the NDLEA case was launched in haste in order to halt extradition proceedings and keep Mr Kyari in Nigeria, where his trial may drag on for years.

Response that is non-committal
Mr Malami was evasive in his response to a query about the impact of the cocaine accusations on the extradition case.
“You can have hundreds of cases sitting in court relating to a single individual,” the AGF stated when asked about the legal implications of placing the illicit dealing in cocaine accusations above the extradition case.

“So that is the situation, and as you are aware, depending on the volume, dimensions, features, and idiosyncrasies of the case, you may have a criminal case pending before a state high court and another pending before a federal court.” “I’m hoping it’s clear.”

He went on to differentiate between the extradition case and the cocaine-related matter, but did not say if the extradition procedures would be halted.

“And then, while this (contact with the US) was going on and the request for extradition was being evaluated,” he continued, “another case involving the NDLEA came in, and this time it was a local case with no international dimension.”

“You have two completely separate and independent scenarios – one international in dimension and the other local,” he continued, “therefore your idea of conflict does not occur.”

He chastised journalists for the “misconception” created by the situation, accusing them of “publishing incidents out of context without caring to comprehend the genuine provisions, dimensions, and features of a case.”

“What I’m saying is that there’s nothing like confusion, nothing like conflict, and there’s two unique and separate circumstances,” he continued.

Further investigation into the alleged fraud
Mr Malami further stated that Mr Kyari’s suspected involvement in the Hushpuppi fraud case had yet to be cleared by his office.

Mr Malami was quoted as saying that his latest legal advice to the police was not intended to exonerate Mr Kyari.

He called the investigation a work in progress.

DCP Abba Kyari is a suspended and embattled police officer.
DCP Abba Kyari is a suspended and embattled police officer.
The investigation report was sent to Mr Malami’s office for evaluation “to assess whether there is a need for enhancement of inquiry as it relates to some critical parts of the charge,” he said.

“It is from this backdrop viewpoint that you must analyze what happened in the case of Abba Kyari in its whole. Allegations were made, investigations were undertaken, and then requests for more investigation enhancements were made by the Office of the Attorney General in order to cover all bases and make an educated conclusion one way or the other.

“As a result, while this dialogue between the Attorney General’s Office and the police is continuing, it is always a work in progress and never a conclusive position.” So that is what I can tell you with certainty: an impartial request for a probe was made.

“An interim investigation report was provided to the attorney general’s office, and the attorney general recommended that the investigation be further enhanced, highlighting some areas where further inquiry is required.”

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“As a result, any judgment that has been led in the direction of exoneration or otherwise of guilt or responsibility related thereto is indeed premature or maybe mischievous.”