By Goodluck Ikiebe
A Nigerian Human Rights lawyer,Mr Kayode Ajulo, says Abba Kyari’s alleged US indictment is an unfortunate situation involving the Nigerian star cop.
However, his extradition is not automatic, as strict adherence to international and municipal legal mechanisms have to be observed before the requested extradition can take place.
“To wit, it is unequivocal that Nigeria is a sovereign state and a citizen of Nigeria cannot be expelled/extradited from the country without strict adherence to the provisions of the Constitution and International protocols”
” It is important to note that the Federal Republic of Nigeria and the United States of America are bound by the provisions of the Extradition Treaty signed with the United States of America on December 22, 1931 (entered into force on June 24, 1935) including the Extradition Act of 1966, (Extradition Modification) Order, 2014, Extradition Act (Proceedings) Rules, 2015 and other International Protocols. By the provision of Section 6 of the Extradition Act, a request for the surrender of a fugitive criminal of any country shall be made in writing to the Attorney-General by a diplomatic representative or consular officer of that country and shall be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country”.
Mr Ajulo said that it is therefore clear that in this instance, the office of the Attorney General of the Federation would have to conduct a discreet and thorough investigation into the allegations levelled against DCP Abba Kyari and upon the conclusion of same, if there is any prima facie case against the acclaimed ‘supercop’, commence extradition processes against him in a Court of competent jurisdiction within the Nigerian Territory and obtain an Order of Court in line before he can be extradited to the United States of America.
According to him, “In the course of above investigation, It is humbly suggested that the four underlisted posers should be considered;
- Is the offence for which DCP Abba Kyari is being charged in the United States an extraditable offence under the Extradition Act?
- Is the offence for which DCP Abba Kyari is being charged recognized as an offence punishable under the Nigerian Penal Laws?
- Whether from the aggregate of facts and evidence presented to the Court by the US Special Prosecutor against DCP Abba Kyari, there is any nexus between him and the offence of conspiracy to commit wire fraud and conspiracy to engage in money laundering?
- Whether from the aggregate of facts and evidence presented to the Court by the US Special Prosecutor, is the probable offence for which DCP Abba Kyari might be charged abuse of office which was an act done within the territory of Nigeria and within the exclusive imprimatur of the Nigerian Government, the Police Service Commission and under the territorial jurisdiction of a Nigerian Court?
Mr Kayode Ajulo concluded, “As it is, in determining Abba Kyari’s fate, the Nigerian government has a humongous task ahead as events unfold”.
FBI INDICTMENT: IGP RECOMMENDS SUSPENSION OF DCP ABBA KYARI
AS 4-MAN SPECIAL INVESTIGATION PANEL BEGINS PROBE
The Inspector-General of Police, IGP Usman Alkali Baba, psc (+), NPM, fdc has recommended the immediate suspension of DCP Abba Kyari, the Head of the Police Intelligence Response Team (IRT), from the Service of the Nigeria Police Force, pending the outcome of an ongoing internal investigations touching on him, says CP Frank Mba, force PRO.
The IGP, in his letter to the Police Service Commission, dated 31st July, 2021, noted that the recommendation for the suspension of the officer, is in line with the internal disciplinary processes of the Force.
The IGP further noted that the suspension is also expected to create an enabling environment for the NPF Special Investigation Panel to carry out its investigations into the weighty allegations against DCP Abba Kyari without interference.
The suspension is without prejudice to the constitutional presumption of innocence in favour of the officer.
The Special Investigation Panel (SIP), comprising four (4) Senior Police Officers, is headed by DIG Joseph Egbunike, the Deputy Inspector General of Police in-charge of the Force Criminal Investigations Department (FCID).
The SIP, inter alia, is to undertake a detailed review of all the allegations against DCP Abba Kyari by the US Government as contained in relevant documents that have been availed the NPF by the Federal Bureau of Investigation (FBI).
The SIP is also to obtain detailed representation of DCP Abba Kyari to all the allegations levelled against him, conduct further investigations as it deems fit, and submit recommendations to guide further actions by the Force Leadership on the matter.
Meanwhile, the IGP has reaffirmed the commitment of the Force to the Rule of Law and assured the public of the sanctity of the probe as well as the absolute respect for the rights and privileges of the officer throughout the period of the investigations.