.As NDLEA files 8-count charge against him, 6 others over alleged drug trafficking
.Malami files application for his extradition in court
The move to extradite suspended Deputy Commissioner of Police (DCP), Abba Kyari to the United States may suffer a setback as the National Drug Law Enforcement Agency (NDLEA) has filed an eight-count criminal charge against Abba Kyari, and six others over allegations of drug trafficking.
The other defendants in the charge marked FHC/ABJ/57/2022 include Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu. The three defendants are members of the police intelligence response team (IRT)
Others are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport, Enugu.
NDLEA in February accused the suspended Abba Kyari of been a member of an international drug cartel.
NDLEA said it initially invited Kyari for questioning since concluding its investigation but the suspended police chief was yet to respond.
The Police later arrested Kyari and four other police officers for their involvement in an alleged case of criminal conspiracy, discreditable, unethical, and unprofessional conduct, official corruption and tampering with exhibits in a case of illicit drug trafficking involving a transnational drug cartel.
They were handed over to the NDLEA where they are being held.
However, on Thursday the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN gave reasons for initiating the moves to extradite, Abba Kyari to face fraud charges in the United States of America.
Malami’s explanation, in a statement by his spokesperson, Umar Gwandu, came shortly after the news of the extradition application he filed at the Federal High Court in Abuja broke on Thursday.
“As you are aware, extradition is a process that involves multifaceted components,” the statement said.
The minister said the extradition application was filed following a request by the U.S. authorities.
“The components are usually multi-territorial; international, local and judicial.
“Submission of request from the concerned party to the relevant authorities constitutes one of such components.
“The Office of the Attorney General of the Federation and Minister of Justice received the extradition request in respect of the officer in question,” the statement read in part.
It said that the AGF office, after receiving the request, studied and reviewed it thoroughly before filing the extradition application in court.
“After thorough studies and reviews of issues regarding the application and components thereof, the office of the Attorney General of the Federation and Minister of Justice processed the application and forward same to the relevant authorities for further necessary action,” the statement added.
The extradition application is based on Nigeria’s extradition law. The law requires the Federal High Court to make an order for the extradition to take effect. Some extradition cases have gone on appeal up to the level of the Supreme Court.
Meanwhile, the National Drug Law Enforcement Agency, NDLEA, on Thursday, also filed an eighth-count criminal charge against the suspended DCP Abba 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 entered the charge against them, barely 24 hours after the Attorneys-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, okayed request for Kyari who hitherto headed the Police IRT, to be extradited to the United States of America, USA, to face trial over his alleged involvement with an internet fraudster, Ramon Olorunwa Abbas, popularly known as Hussipuppi.
Malami had in the extradition application he also brought before the court, claimed that no charge was pending against DCP Kyari in Nigeria.
Consequently the decision of the NDLEA to charge Kyari to court was seen as clear attempt to frustrate his extradition to U.S. going by the provisions of the Extradition Law.
Specifically, Section 3(6)(a) of the Extradition Act 2004 (EA) which provides 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; shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence, or otherwise”.
This means that if DCP Kyari is brought up on drug charges, he cannot be extradited to the US until the case is over. He can only be extradited after he is either acquitted, or if convicted, he finishes serving his sentence in a Nigerian prison.
Additionally, by virtue of Article 4 of the Extradition Treaty between Nigeria and the US (and Section 3(5) of the EA), Kyari can also not be extradited if he is facing trial in Nigeria, for the same offence for which he is wanted in the US.
It would be recalled that Force Public Relations Officer, CSP Muyiwa Adejobi said an interim investigations report showed that two international drug couriers identified as Chibunna Patrick Umeibe and Emeka Alphonsus, both males, were arrested at Akanu Ibiam International Airport, Enugu on January 19, 2022, upon their arrival from Addis Ababa aboard an Ethiopian Airlines flight ET917.
“The arrest led to the recovery of a substantial quantity of powdery substance suspected to be cocaine from the two narcotic couriers. The operation, which was intelligence-driven, was undertaken by a Unit of the Police Intelligence Response Team (IRT),” Adejobi said.
