*Wants Court to Okay Request
THE Nigerian government has finally given its approved for the extradition of former head of the Police Intelligence Response Team, DCP Abba Kyari based on the request by the United States.
Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami, SAN, filed the application for Kyari’s extradition approval, filed under the Extradition Act, and marked: FHC/ABJ/CS/249/2022, was tendered before the Chief Judge of the Federal High Court in Abuja on Wednesday.
According to him, the application is sequel to a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
In the affidavit, the AGF averred, among others, that he was satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.
The AGF also pointed out that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial, noting that he was equally satisfied that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
“If surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.
According to court documents, the three count-charge marked: 2:21-cr-00203-RGK, was filed on April 29, 2021, before the US District Court for the Central District of California, USA.
Kyari’s ectractiction request followed his indictment by a grand jury of the U.S. District Court for the Central District of California. Arising therefrom, he is wanted to stand trial for conspiracy to commit wire fraud, money laundering and identity theft, having been accused of conspiring with a United Arab Emirates, UAE, based Nigerian, Ramon Abbas, better known as Hushpuppi, to commit the crime.
The counts against Kyari read:
Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years;
Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years.