The charges filed against suspended Deputy Commissioner of Police Abba Kyari by the National Drug Law Enforcement Agency (NDLEA) would delay the beleaguered policeman’s extradition process, according to Senior Advocate of Nigeria, Dr Mike Ozekhome (SAN).
Remember when the NDLEA charged the suspended Deputy Commissioner of Police with an eight-count criminal charge for his role in narcotics trafficking?
On Thursday, the anti-narcotics agency filed a criminal case against the embattled police officer and six other defendants before the Federal High Court in Abuja, titled FHC/ABJ/57/2022.
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The NDLEA charged Kyari and the other four policemen with conspiracy, obstruction, and selling in 17.55 kilos of cocaine.
The suspended police officer and IRT personnel were also accused of tampering with 21.25 kg of cocaine.
The NDLEA accused the alleged drug traffickers of collaborating with others at large to bring in 21.35 kilograms of cocaine.
Earlier, Abubakar Malami (SAN), the Attorney-General of the Federation and Minister of Justice, stated that the Nigerian government was prepared to extradite Kyari to the United States, where he has been charged in an international scam involving Ramon Abbas alias Ray Hushpuppi.
Speaking with Newsmen, Ozekhome said Malami has the right to institute an action against Kyari after a thorough review of the issue regarding the order of arrest by a US court.
See How Nigerians Reacted As FG Begins Abba Kyari’s Extradition To US
He said: “Considering the wide powers of the Attorney General of the Federation as stipulated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered), the Hon. Attorney General can exercise his duty to institute an action against Abba Kyari after a thorough study and review of the issue regarding the order of arrest by Judge (Otis Wright) of the U.S. District Court.
“Considering the fact that Section 251 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered) vests the Federal High Court with jurisdiction to the exclusion of all other courts in civil causes and matters connected with or pertaining to extradition.
“In addition, the court can also ensure a provisional trust warrant for the arrest of a fugitive accused of an extradition offence or unlawfully at least after being convicted of an extradition offence without an order of the Attorney General as required under section 6 of the information and evidence presented to him are such that will justify the issue of a warrant if the offence had been committed in the division where he has jurisdiction.”
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