Crime
NDLEA begins move to stop Kyari’s extradition to US
The National Drug Law Enforcement Agency (NDLEA), on Thursday, filed an eight-count criminal charge against suspended Deputy Commissioner of Police, Abba Kyari, and six others it alleged were involved in drug trafficking.
The move comes hours after the federal government approved a request by the United States to extradite Kyari who is wanted in the country over alleged links with international fraudster, Ramon Abbas, alias Hushpuppi, and could stall the extradition.
NDLEA, in the charge it filed through a team of lawyers led by its Director, Prosecution & Legal Services, Mr. Joseph Sunday, specifically accused DCP Kyari and the four other police officers of conspiracy, obstruction, and dealing in Cocaine worth 17.55 kilograms.
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It also alleged that Kyari and his men, who are currently in its custody, also unlawfully tampered with 21.25kg worth of Cocaine.
The duo of Umeibe and Ezenwanne were accused of conspiring with others at large, to import 21.35kg of Cocaine into the country.
Minister of Justice and Attorney General of the Federation, Abubakar Malami had in the extradition application he also brought before the court, claimed that no charge was pending against DCP Kyari in Nigeria.
But the charge by NDLEA means that Kyari is facing trial in Nigeria and cannot be extradited to the United States.
Earlier, Inibehe Effiong, a human rights lawyer, had said that charging Kyari in Nigeria would stop his extradition.
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Effiong had in a statement on Thursday, appealed not to the NDLEA not to file a case against Kyari in court as doing so would prevent him from being extradited.
He had noted that the extradition act makes it imperative for Kyari’s prosecution on drug charges to be put on hold.
The lawyer explained that proceeding to prosecute Kyari in Nigeria for drug related offences would prevent his extradition because an individual facing trial in Nigeria cannot be extradited to another country.
“The extradition application filed by the Attorney General of the Federation for Abba Kyari to be extradited to the US is a welcome development. Now that the FG has taken this step, NDLEA has to stay action on the drug related charges against Kyari. That’s the implication,” Effiong had said.
“Investigation by the NDLEA can continue while the extradition application is litigated. But it will be counterproductive for the NDLEA to proceed to file charges against Kyari during the pendency of the extradition application. That will make nonsense of the entire process.
“Section 3 of the Extradition Act makes it imperative for the prosecution of Kyari on the drug charges to be put on hold. This is because by the said provision, extradition applications will be refused by the court if the wanted fugitive is undergoing prosecution for another crime.