Two senior lawyers, Messrs Mike Ozekhome and Muiz Banire have said that the Federal Investigation Bureau (FBI) cannot come to arrest the commander, Inspector General of Police Intelligence Team, Mr. Abba Kyari, in Nigeria without the US making a formal extradition request.
Recall that Kyari was indicted by the FBI in the fraud case against Ramon Abbas aka Hushpuppi in the US.
The FBI criminal complaint lodged at the United States District Court in California had listed Hushpuppi; and Kyari among six suspects indicted in a $1.1m international fraud conspiracy.
A 69-page court document showed that Kyari had been under investigation by the Bureau for his alleged link to Hushpuppi, who had pleaded guilty to fraud.
In the case marked 2:21-cr-00203, USA VS Abba Alhaji Kyari dated April 29, 2021, the FBI asked a US District Court in California to order the arrest of Kyari for 10 days.
The US Department of Justice in a statement said Hushpuppi admitted during interrogation that he paid bribes to Kyari to have one of his rivals arrested and jailed in Nigeria following a dispute over a $1.1m fraud involving a Qatari businessman.
Reacting to the development while answering questions on Arise News on Monday, Ozekhome said the FBI would not just come to Nigeria to pick up Kyari without going through the extradition process as established in the Extradition Act of the laws of the Federal Republic of Nigeria 2004.
“When America demanded Abba Kyari, I heard people say FBI can now arrest Abba Kyari. No, you cannot do that. Nigeria is a sovereign country for crying out loud, no matter how down in the doldrums we have become.
“FBI cannot simply come here and pick up Abba Kyari. You must go through the extradition process as established in the Extradition Act of the laws of the Federal Republic of Nigeria 2004. You have to look at Sections 2, 4, 5, 6, 7, 8 and 9 of the Extradition Act,” he said.
Ozekhome recalled that it would not be the first time Nigeria will be having a case of extradition.
“In 1963, Chief Anthony Enahoro was being looked for by the Federal Government of Alhaji Tafawa Balewa. They accused him alongside Obafemi Awolowo and others of committing a treasonable felony. Enahoro found his way to London through Ghana. He ran away.
“So, the Labour Party with their new head, Harold Wilson made it a big deal and using the media very heavily to clamour that Enahoro be not extradited to Nigeria.
“But the government of Harold McMillan who was the Minister was caught in between and in betwixt as to the respect for human rights of Anthony Enahoro and not to hurt Nigeria as a political deal. But at the end of the day, Enahoro was extradited to Nigeria and he was tried and jailed for 15 years. It was the Gowon regime that released him and Awolowo and put them in key positions in government so as to drive the country’s progress. So, extradition, therefore, did not start today.
“Going through extradition, the Attorney General of the country has a crucial role to play under the Extradition Act, he and a magistrate, or under Section 251 of the Constitution, a judge of a federal high court.
“The country requesting for extradition, like the US, must make a formal request through its consular or representative in Nigeria, that we want this man in our country,” he added.
Similarly, who was a commissioner of environment in Lagos State, said there had been no formal request for Kyari’s extradition except that there is an arrest warrant issued by a US court.
He contended that before a Nigerian citizen can be extradited there are processes to be followed.
“What is going on is an internal investigation of the matter and, until a prima facie case is established against the officer, he is still presumed innocent.”
“Even at that, I’m not aware of any specific request for extradition now. All that we have learnt so far now is that there is an arrest warrant issued by a court of law in the United States, the implication of which is that the Interpol is supposed to execute it anywhere the officer (Kyari) is found.”
“He is wanted in the United States for the purpose of prosecution, but then, before a Nigerian citizen can be extradited, there are processes to be followed.
“Although the law is neither here nor there, I know that there is this 1967 Legal Notice that is often relied upon by the Office of attorney general of the federation when it comes to the issue of extradition between Nigeria and the United States.
“However, some of us believe that Section 12 of the Nigerian Constitution will certainly override that particular Legal Notice and, for that, it cannot be said that there is an extradition treaty that is enforceable between Nigeria and the United States.
“But be that as it may, my expectation is that, before we can even go to that level, the preliminary investigation as it is about to be done is necessary for us to establish a prima facie case before we can trigger the process of any extradition,” he said.
However, Banire said Kyari could turn himself in to the Interpol if he is sure of his innocence.
