(UPDATE) HUSHPUPPI: KYARI ASKS FG TO REFUSE HIS EXTRADITION TO THE US
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The jailed Deputy Commissioner of Police, DCP, Abba Kyari, has urged the Federal High Court in Abuja to refuse his extradition to the United States of America, USA, to stand prosecution for his alleged association with Ramon Abbas, also known as Hushpuppi, a prolific internet fraudster.
Kyari, who is presently incarcerated on drug-related charges, claimed in new court documents that the intention of sending him to the United States for prosecution was intended to punish him.
The embattled DCP told the court that his arrest and subsequent imprisonment had a “political undertone” and that the attempt to transfer him to the United States was “intended to undermine the respondent’s assault on various crime organizations in Nigeria and globally.”
In a counter-affidavit signed by his younger brother, Mohammed, Kyari stated that all of the charges leveled against him are not extraditable offenses.
“I am aware that the mentioned offenses are political in nature, and
The deponent claimed they were made for the purpose of prosecuting and punishing the respondent on the basis of his race and nationality. They were not made in good faith or in the interest of justice.
Before he was framed up and imprisoned, Kyari informed the court that he was a highly decorated senior police officer who was already conducting a “sting probe” on Ramon Olorunwa Abbas, also known as Hushpuppi.
“A copy of the respondent’s letter to Interpol on January 28, 2020, and to the Inspector General of Police on March 3, 2020, in relation to the sting investigation being conducted by the respondent, is herewith attached as Exhibits 1a and 1b, respectively.” This was five months before the FBI’s arrest of Ramon Abbas and others.
“There is no document or verified proof to support the extradition request.”
“The proposal has a political undertone and is intended to undermine the respondent’s assault on numerous crime organizations in Nigeria and globally.”
“The request is for the purpose of prosecuting or punishing the respondent for his country’s defense.”
“The respondent is facing a slew of allegations designed to bring him down as a result of his accomplishments and multiple national honors.” As Exhibit 2, a copy of the charge filed by the NDLEA against the respondent is attached.
“The charges are false, and the respondent is serious about defending himself.”
“The extradition application clearly demonstrates allegations of crimes committed on Nigerian soil.” As Exhibit 3, a copy of the alleged allegation leveled against the respondent by the US government is attached.
“On the same point, the respondent has been subjected to an administrative inquiry that is still ongoing and has not been finished to date.”
“The respondent is a Nigerian Police Deputy Commissioner of Police who has been highly awarded with meritorious service and excellent awards for great service to the country and has nowhere to turn.”
“The US authorities have also decorated the respondent.”
“Given all of the circumstances, surrendering the respondent to the United States would be unjust, oppressive, and improper.”
“We also further submit that the alleged extradition offences are not listed and cannot be imported into it. For any offences to be extradition offences, it must carry the twin head of being listed in the extradition Treaty and has similar or analogous offence in Nigeria.
“The instant case has failed this test. We will rely on the list of Treaty. Equally, there is an ongoing criminal trial against the Respondent in FHC/ABJ/CR/57/2022, which the Applicant failed to disclose.
“Finally, the Respondent submits 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 for the above and other reasons herein”, he added.
Kyari testified in court that he was awarded a Presidential medal for courage on April 1, 2016, “three times IGP Commendation for Courage for years 2012, 2013 and 2014; two times recipient of the NPF Gold Medal; three times Governor’s Commendation Medal for Courage & Excellence by the Lagos State Government for years 2011, 2012, and 2013, Award for Outstanding Service to the Nation by the National Assembly (House of Representatives) for years 2011, 2012, and 2013, Award for Outstanding Service to the Nation by the National Assembly
“The Respondent has been involved in several national assignments and has in the course of his assignments made many foes.
“The respondent has received several international awards and honours including United States of America where he received Commendation Award from the FBI for rescuing Americans kidnapped in Nigeria, arresting the kidnappers and arrest of murderers of a serving American soldier killed in Imo state”, the counter affidavit further read.
In an affidavit testified to by one Bello Abubakar Sholadoye, the Federal Government, through the office of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, stated it has adequate evidence to warrant Kyari’s extradition to the United States for trial.
The AGF’s office “was in receipt of an extradition request via a diplomatic channel for the extradition of the respondent fugitive wanted to stand trial in the United States,” it informed the court.
“That the AGF is satisfied that the extradition application is not barred.”
The FG contended that Kyari’s ongoing drug trafficking prosecution would not prevent the court from accepting his extradition and that the AGF may postpone his surrender to the US government until the conclusion of his trial in Nigeria.
“In conclusion, this Honourable Court is respectfully urged to resolve that the applicant has presented sufficient material before this Honourable Court to grant the application for extradition order and the extradition of the fugitive, as well as his remand to await the Honourable Attorney-General of the Federation’s Surrender Order at determination of the criminal charge against him,” FG said.
In the meantime, Justice Inyang Ekwo has postponed the case until Friday to allow FG’s lawyer, Mr. Pius Akutah, to react to Kyari’s preliminary objection to his proposed extradition.
The court stated that both the objection and the substantive suit would be considered simultaneously.
Kyari is wanted in the United States on charges of wire fraud conspiracy, money laundering, and identity theft.
A grand jury indicted him on April 29, 2021, with the approval of the United States District Court for the Central District of California, and a warrant was issued for his arrest.
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