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The decision of National Drug Law Enforcement Agency (NDLEA) to file an eight-count criminal charge against Abba Kyari, the suspended deputy commissioner of police, may halt his planned extradition to the United States where he is wanted on alleged links with cyber criminal, Ramon Abbas, alias Hushpuppi.
The NDLEA had filed an eight-count charge against Kyari and six others it alleged were involved in drug trafficking.
The other Defendants in the charge marked FHC/ABJ/57/2022, which the agency lodged before the Federal High Court sitting in Abuja, were four members of the Police Intelligence Response Team, IRT, ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu, as well as two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
NDLEA, in the charge it filed through a team of lawyers led by its Director, Prosecution & Legal Services, Mr. Joseph Sunday, specifically accused DCP Kyari and the four other police officers of conspiracy, obstruction, and dealing in Cocaine worth 17.55 kilograms.
It equally alleged that Kyari and his men, who are currently in its custody, also unlawfully tampered with 21.25kg worth of Cocaine.
The duo of Umeibe and Ezenwanne were accused of conspiring with others at large, to import 21.35kg of Cocaine into the country.
The NDLEA charge which became public knowledge on Thursday, hours after the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, approved the request for Kyari who hitherto headed the Police IRT, to be extradited to the US to face trial, could put paid to the extradition.
Malami had in the extradition application he also brought before the court, claimed that no charge was pending against DCP Kyari in Nigeria.
But the charge by NDLEA means that Kyari is now facing trial in Nigeria and cannot be extradited to the United States.
Section 3 (6) of the Extradition Act of 1966 provides that an individual facing trial in Nigeria cannot be extradited to another country, which is to say that since Kyari is now facing trial on charges of drug trafficking preferred against him by the NDLEA, he cannot be extradited to the United States.
Specifically, Section 3(6) of the Extradition Act states that: “A fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal, or on the expiration of his sentence or otherwise.”
Human rights lawyer, Inibehe Effiong, had made this point earlier while appealing to the NDLEA not to file charges against Kyari.
The lawyer had explained that proceeding to prosecute Kyari in Nigeria for drug related offences would prevent his extradition because an individual facing trial in Nigeria cannot be extradited to another country.
“The extradition application filed by the Attorney General of the Federation for Abba Kyari to be extradited to the US is a welcome development. Now that the FG has taken this step, NDLEA has to stay action on the drug related charges against Kyari. That’s the implication,” Effiong had said.
“Investigation by the NDLEA can continue while the extradition application is litigated. But it will be counter productive for the NDLEA to proceed to file charges against Kyari during the pendency of the extradition application. That will make nonsense of the entire process.
“Section 3 of the Extradition Act makes it imperative for the prosecution of Kyari on the drug charges be put on hold. This is because by the said provision, extradition application will be refused by the court if the wanted fugitive is undergoing prosecution for another crime.
“If Abubakar Malami, SAN is serious and honest about extraditing Kyari, he should ensure that the NDLEA does not file charges against Kyari at this time. Otherwise, it will vindicate those who have asserted that the drug allegations may just a disguise attempt to shield Kyari.”
However, the NDLEA has explained that it filed the charges against Kyari and others on Monday, and had not, therefore, expressly intended to use same to stall the extradition process.
NDLEA’s spokesman, Femi Babafemi, in a terse statement on Thursday, said the charges had been filed by the agency since Monday 28th February, 2022.
“Please note that the charges against Abba Kyari and 6 others were filed by @ndlea_nigeria since Monday 28th February 2022, the case since assigned to a judge with arraignment fixed for Monday 7th March at FHC 8 Abuja” he said.