There are processes that must be fulfilled before Abba Kyari, a Deputy Commissioner of Police can be extradited to the United States, an Abuja based Lawyer, Dr. Kayode Ajulo has said.
Kyari is wanted in the US for alleged involvement in celebrity internet fraudster Ramon Olorunwa Abbas, alias Hushpuppi, from a $1.1million loot.
Though he had denied the allegations of demanding or receiving a bribe from celebrity internet fraudster Ramon Olorunwa Abbas, alias Hushpuppi, from a $1.1million loot.
In a post on his Facebook page, Kyari said those celebrating the allegations against him would be disappointed.
Reacting to the arrest warrant issued by the US Court, Dr. Ajulo said the extradition is not automatic as it must follow laid down procedures.
“Abba Kyari’s alleged US indictment is an unfortunate situation involving our star cop in Nigeria.
“However his extradition is not automatic, strict adherence to international and municipal legal mechanisms have to be observed before extradition can take place.
“The Attorney-General of Federation, Abubakar Malami, SAN has an humongous task ahead in this saga as the event unfolds.”
Ajulo who further shared his thoughts on NIgeria/US Extradition Treaty stated, “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. What is more, 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.
“For a starter, 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.
“Thereafter, the office of the Attorney General of the Federation would have to conduct a discreet and thorough investigation into the said allegations and upon the conclusion of same, if there is any prima facie case against DCP Abba Kyari, 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.”
