Justice Inyang Ekwo of the Federal High court sitting in Abuja on Thursday, approved the detained suspended Deputy Commissioner of Police, DCP Abba Kyari, Permission to file additional evidence against a suit by the federal government seeking to extradite him to the United States of America for trial in criminal charges.
The request which was made through Kyari’s lead counsel, Nureni Jimoh, SAN, was granted by the court in a motion on notice
Jimoh had prayed the court in his argument to allow his client to bring additional documentary exhibits to prove his innocence in the charges against him.
Kyari had prayed the court not to approve his extradition to the United States to face trial over his alleged fraud entanglement with an Internet fraudster Ramon Abbas, popularly known as Hushpuppi
Kyari, in the fresh processes which he filed before the court, claimed that his extradition to the U.S. for prosecution, was intentionally directed at him, to undermine the crackdown on various crime gangs he brought to book in Nigeria and internationally
“I know as a fact that the specified offences are of a political character and were in fact made for the purpose of prosecuting and punishing the defendant on account of his race, nationality and was not made in good faith nor in the interest of Justice”, the deponent averred”
The embattled DCP informed the court that he is a highly decorated senior police officer that was carrying out a sting investigation on Ramon Olorunwa Abbas or Abdulraman Imraan Juma, otherwise known as Hushpuppi, before he was framed up and arrested
A copy of the letter written by Kyari to the to the Interpol on 28th January, 2020 and to the Inspector General of Police on 3rd March, 2020 in respect of the sting investigation being carried out by the him were presented, attached as Exhibit 1a & 1b respectively to the filed application
“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. A copy of the charge framed against the Respondent by the NDLEA is herewith attached as Exhibit 2.
“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 Nigeria soil. A copy of the alleged charge framed against the Respondent by the US Government is herewith attached as Exhibit 3.
“The Respondent has undergone administrative inquiry which is still ongoing 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 US Authorities.
“Having regards to all the circumstances thereof, it will be unjust, oppressive and improper to surrender the Respondent to the USA.
“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”, Jimoh stated
The federal government counsel, Mr Pius Akuta opposed the court granting the request.
Akuta stated that his against the court granting Kyari’s request on the ground that it was an attempt to cure deficiencies in the earlier documentary evidence cited by Kyari.
In a brief ruling Justice Ekwo rejected the objection of the federal government and granted permission to Kyari to cite further documentary exhibits to his own defence.
The judge said that the court would have enough opportunity to determine the probate value to be attached to the additional evidence.
Justice Ekwo, fixed Friday, June 3 for definite hearing in the extradition suit instituted by the Attorney General of the Federation AGF on behalf of the federal government against Kyari’.
The suit is seeking to extradite Kyari at the request of the American government to face trial in his indictment in an alleged internet fraud by a Nigerian , Abdulraman Abbas also known as Hushpoppi.
The Federal Government had sought Kyari’s extradition to the United States (U.S) to answer a case over his alleged link with a fraudster, Ramon Abbas, aka Hushpuppi.
The Federal Government, through the Office of the AGF, had filed the application marked: FHC/ABJ/CS/249/2022.
The suit, titled: “Application for the Extradition of Abba Kyari to the U.S.,” was dated and filed on March 2.
While the AGF is the applicant, Kyari is the respondent in the application. – ThsNigeria.
