Federal High Court sitting in Nigeria’s capital city, Abuja has dismissed the Federal government’s application seeking to extradite detained Deputy Commissioner of Police, DCP, Abba Kyari to the United States of America, USA, for lack of merit.
The presiding Justice Inyang Eden Ekwo specifically held that the federal government’s request for extradition was “strange, incompetent and bereft of merit”.
“Abubakar Malami, being the Chief Law office of the country, ought to be aware that the Extradition Act forbids the surrendering of a defendant that is already facing trial before a competent court in the country”.
Also, the court wondered why the Minister of Justice and Attorney-General of the Federation, AGF, approached the court with the extradition application when he was equally the one that issued FIAT to the National Drug Law Enforcement, NDLEA, to prosecute DCP Kyari on drug-related charges.
“The AGF could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA”, Justice Ekwo added.
In part of his ruling, Ekwo said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country, Kyari shall not be surrendered until such a case has been discharged either by his conviction or acquittal.
