An application by the federal government seeking to extradite suspended deputy commissioner of police (DCP), Abba Kyari to the United States to face criminal charges, has been dismissed by a federal high court sitting in Abuja.
Justice Inyang Eden Ekwo on Monday August 29, held that the extradition request filed by the Attorney General of the Federation AGF on behalf of the Federal Government lacked merit and was liable to dismissal.
Ekwo also stated that the Federal Government has no basis to file the extradition request having put Abba Kyari on trial in Nigeria in relation to the allegations against him in America. He added that the Extradition Act prevents the surrender of a defendant who is currently being tried by a local court of competent jurisdiction.
The Judge also asked why the AGF had requested extradition since he had also given the National Drug Law Enforcement (NDLEA) a fiat to bring charges against Kyari relating to drug trafficking.
Ekwo said “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.”