Buhari approves US’s request for extradition of Abba Kyari 

President Muhammadu Buhari had given the nod for Nigeria’s approval of the request by the United States for the extradition of Deputy Commissioner of Police, (DCP) Abba Kyari, for prosecution in the U.S. following indictment in the internet fraud involving Hushpuppi.

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), on Tuesday filed an application before the Chief Judge of the Federal High Court, Abuja, the Federal capital Territory (FCT) for Kyari’s extradition.

Malami in the application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act, noted that the application was in response to a request by the Diplomatic Representative of the U.S. Embassy in Abuja. The Justice Minister explained that the suit is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment”.

In the affidavit in support of the extradition application, the minister declared that he was satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought. The AGF maintained that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial. Malami added that he was satisfied that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.

The minister declared: Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.

Malami argued having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him.

The AGF further stated on oath that he was satisfied that Kyari has been accused of the offence for which his surrender is sought. The minister said that there is no criminal proceeding pending against Kyari in Nigeria for the same offence.

Abba Kyari was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi to commit internet fraud.

A grand jury, last April 29, filed an indictment against Kyari with the approval of the U.S. District Court for the Central District of California.

According to court documents, the three count-charge marked: 2:21-cr-00203-RGK, was filed on April 29, 2021, before the US District Court for the Central District of California, USA.

The charge filed along with the extradition application reads:

Advertisement

• Count one: Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years;
• Count two: Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
• Count three: Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years.

The U.S. Embassy, in the request for Kyari’s extradition, narrated: “On April 29, 2021, based on the indictment filed by the grand jury and with the approval of the United States District Court for the Central District of California, a deputy clerk of the court issued a warrant of arrest for Kyari.

“The arrest warrant remains valid and executable to apprehend Kyari for the crimes with which he is charged in the indictment.

“Kyari is wanted to stand trial in the United States for conspiracy to commit wire fraud and money laundering, and identity theft.

“Kyari is the subject of an indictment in case Number 2:21-cr-00203 (also referred to as 2:21-MJ-00760 and 2:21-CR-00203-RGK), filed April 29, 2021, in the United States District Court for the Central District of California.”