A Federal High Court in Abuja has scheduled hearing for Friday in the extradition proceedings initiated against suspended Assistant Commissioner of Police (ACP) Abba Kyari by the Federal Government.
Justice Inyang Ekwo chose the date on Thursday to enable the Attorney General of the Federation (AGF) file a formal response to Kyari’s notice of primary objection challenging the competence of the extradition application filed by the AGF.
The AGF applied to the court for permission to surrender Kyari to authorities of the United States in relation to his alleged link with international fraud suspect, Abbas Ramon (aka Hushpuppi).
Suspended Deputy Commissioner of Police (DCP) Abba Kyari has spoken about his involvement with international fraud suspect, Abbas Ramon (a.k.a Hushpuppi).
Kyari said his involvement with Hushpuppi was during his engagement, as a senior police officer, in a sting operation against the alleged fraudster, five months before his (Hushpuppi’s) arrest.
He faulted the extradition application filed by the Attorney General of the Federation (AGF) for his extraction to the United States.
Kyari argued that the offences in respect of which a three-count charge was filed against him in the US, for which his extradition was being sought, are not extraditable offences.
The suspended DCP stated these in a counter-affidavit he filed against the application for his extradition filed by the AGF, marked: FHC/ABJ/CS/249/2022.
In the counter-affidavit, deposed to by Kyari’s junior brother, Mohammed, he stated: “The specified offences are not extraditable offences of a political character, and were in fact made for the purpose of prosecuting and punishing the Respondent on account of his race, nationality, and was not made in good faith nor in the interest of justice.
“The respondent is a senior police officer in Nigeria carrying out ‘sting investigation’ on Ramon Olorunwa Abbas or AbdulRahman Imraan Juma, otherwise known as Hushpuppi,” he said.
Kyari said he wrote to the Interpol and the Inspector General of Police on January 28, 2020 and March 3, 2020 “in respect of the sting investigation being carried out by the respondent (Kyari). This was five months before the arrest of Ramon and others by the FBI.
“The request for the extradition is not supported by any document or verifiable evidence.
“The request is directed to undermine the crackdown on various crime gangs by the respondent in Nigeria and internationally, and has political undertone.
“The request is for purposes of persecuting or punishing the Respondent on account of his defence for the country.
“The respondent is confronted with series of charges to break him down because of his achievements and various national honours.
“The offences are trumped up and the Respondent is seriously committed to defending himself.
“The application for extradition processes clearly shows allegation of crimes committed on Nigerian soil.
“The respondent has undergone administrative inquiry which is still on going and has not been completed to date on the same matter.
“The respondent is a Deputy Commissioner of Police in the employment of the Nigeria Police, who is highly decorated with meritorious service/excellent awards for outstanding service to the nation and has nowhere to run to.
“The respondent has equally been decorated by the U.S. Authorities.
“Having regards to all the circumstances thereof, it will be unjust, oppressive and improper to surrender the respondent to the United States.
“Equally, there is an ongoing criminal trial against the Respondent in FHC/ABJ/CR/57/2022 which the applicant failed to disclose.
“The respondent submit that the applicant’s request concealed the ongoing criminal proceedings against the respondent, and it will prove that, on the merit, this application is deserving of being dismissed and the respondent to be discharged accordingly.
The AGF has responded to Kyari’s counter-affidavit, faulted his claims and prayed the court to allow his extradition.
When the case came up, Justice Inyang Ekwo of the Federal High Court, Abuja granted Kyari’s request, made through his lawyer, Nureini Jimoh (SAN) for permission to file a further affidavit.
Justice Ekwo rejected the request by the AGF’s lawyer, Pius Akutah to reply orally to Kyari’s notice of preliminary objection, but ordered him to file a formal reply.
The judge adjourned till Friday for the formal hearing of the substantive suit along with the objection.
The Nigerian Correctional Service (NCoS) has said the former Deputy Commissioner of Police, Abba Kyari, was safe in custody as there was no threat to his life.
The Service Public Relations Officer, Francis Enobore said this in a statement in Abuja.
Enobore said it was necessary to address the issue following a publication by an online media organisation alleging Kyari was attacked by his fellow inmates.
According to him, the fake news peddler further stated that the authorities of the Service was considering transferring Kyari to DSS custody.
He said “the story is false, reckless and mischievous.
“It is the handiwork of some jobless cheap recognition-seeking charlatans masquerading as newsmen, lacking in intellectual capacity to interrogate what they conjure or hear before feeding the public.
“That the author is completely oblivious of where and how detention of a suspect originates speaks volume of his ineptitude and the much his story can be relied upon.
“For the record, Abba Kyari is one of the over 800 inmates in the location where he is being kept.
“However, notable individuals including Ex-Governors, Ministers, Senators and other celebrities of higher social status have passed through the same facility without any threat to their lives, ” he said.
Enobore said the authorities of the NCoS does not and had no course to request for the transfer of Abba Kyari or indeed, any inmate to any other detention centre outside its jurisdiction.
He emphasised that Kyari was safe and sound and goes about his daily routine like any other inmate unharmed.
“Those playing pranks with his detention are warned to desist from such unpatriotic acts as they may be asked, through formal litigation, to justify their statement.
“The Controller-General, NCoS, Haliru Nababa, is determined to continue to upscale inmates’ welfare, safe and humane custody with fervour.
“Therefore, he will not be distracted by inane publications, “Enobore said.