Justice Inyang Eden Ekwo of the Federal High Court in Abuja has fixed August 29 for judgment in a suit seeking to extradite a suspended Deputy Commissioner of Police, DCP Abba Kyari to the United States of America for trial in alleged internet fraud.
The judge fixed the date on Friday after taking arguments for and against the suit by the parties involved.
Kyari, whose arguments were presented by a Senior Advocate of Nigeria SAN, Nureni Jimoh, asked the court to refuse the extradition request on the ground that he committed no offense to warrant the Federal Government to ferry him to America.
The suspended police officer informed the court that more than a year before his arrest, he had written the Attorney General of the Federation, AGF and the Inspector General of Police, IGP, notifying them that he had opened a channel of communication with a suspected internet fraudster, Ramon Abass, alias Hushpuppi.
In the two letters tendered in court, Kyari explained that the purpose was to give confidence to the suspected fraudster and lure him to come to Nigeria where an ambush was already laid for a sting operation by his own strike force.
Besides, he informed the court that American authorities once commended him for the commitment he was exhibiting in the battle against internet fraud.
He further told the court that the wire fraud charge brought against him by the American government is not known as an offence under Extradition Act and therefore, should not be allowed by the court to be used to extradite him.
However, the Federal Government, represented by Mr Pius Akuta, urged the court to discountenance the arguments of the defendant.
He said that conditions precedent for extradition have been met by the American government with the filing of the charge against Kyari and a formal application that he be brought to America to establish his guilty or innocence in his indictment for internet fraud.
The Federal Government had sought for Kyari’s extradition to the U.S. to answer a case over his alleged linked with Hushpuppi. 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 March 1 and filed March 2.
Kyari formerly headed the Inspector-General of Police Special Intelligence Response Team (IRT). The application was filed under the Extradition Act, as part of Nigerian government’s approval of the request by the U. S. for Kyari’s extradition.
Kyari and six others are currently facing a separate trial on allegations bordering on drug trafficking before a sister court presided over by Justice Emeka Nwite.
