Why Abba Kyari’s NDLEA Case May Stop US Extradition – Festus Ogun

A legal practitioner, Festus Ogun has said the drug case against suspended deputy commissioner of police, DCP Abba Kyari may affect his extradition to the United States as demanded by the Federal Bureau of Investigation (FBI).

The FBI, which is prosecuting Ramon Abbas, popularly known as Hushpuppi for charges bordering on business email compromise (BEC) and money laundering, in August 2021, asked Nigeria to hand Kyari over to respond to allegations against him.

On Monday, the ex-Police IRT commander and others were arrested by the National Drug Law Enforcement Agency (NDLEA) for alleged links with an international narcotics cartel.

In a statement on Tuesday, Ogun quoted Section 3(6) of the Extradition Act of 1966 to buttress his view, saying: “While it is desirable that the NDLEA gets to the root of this drug cartel matter involving Abba Kyari by ensuring that those found wanting after thorough investigation are charged, such an action will only succeed in hindering and frustrating his extradition.

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“The law remains that no individual can be successfully extradited from Nigeria to any other country if a criminal proceeding, different from the fugitive’s extradition’s crime, is pending in a Nigerian court.”

Also Read: Abba Kyari: Why Buhari Should Be Commended – Deji Adeyanju

The human rights activist, noted that Nigeria’s Attorney-General could play a huge role in ensuring that substantial justice is done in both matters.

“Even where the NDLEA goes ahead to prosecute Kyari for his drug related crimes, the Attorney-General has enormous powers under Section 174(1)(c) of the 1999 Constitution to discontinue to give way for his extradition proceedings”,