Festus Ogun, a human rights activist and lawyer has raised alarm that disgraced DCP Abba Kyari may not be extradited to the US following his recent indictment by the National Drug Law Enforcement Agency (NDLEA).
Recall that Kyari is currently wanted by the Federal Bureau of Investigations (FBI) after being indicted in a $1.1million loot involving suspected internet fraudster, Ramon Abbas, alias Hushpuppi.
The FBI had also asked the Buhari administration to extradite the disgraced super cop to the US to answer for his crimes.
Recall that the Nigeria’s Minister of Justice and Attorney General, Abubakar Malami, had admitted that the Buhari administration was considering extraditing Abba Kyari to the US.
He however did not give a time frame for the extradition process to be completed.
In a statement to newsmen, Festus Ogun stated that the case involving Abba Kyari and the National Drug Law Enforcement Agency (NDLEA) may affect his extradition to the United States.
Quoting Section 3(6) of the Extradition Act of 1966, Ogun stated that a fugitive criminal serving a sentence in Nigeria, cannot be surrendered until when discharged whether by acquittal or expiration of sentence.
He stated that the US extradition request can be rejected by the Federal government of the NDLEA decides to go ahead with prosecution.
“While it is desirable that the NDLEA gets to the root of this drug cartel matter involving Abba Kyari by ensuring that those found wanting after thorough investigation are charged, such an action will only succeed in hindering and frustrating his extradition.
“The law remains that no individual can be successfully extradited from Nigeria to any other country if a criminal proceeding, different from the fugitive’s extradition’s crime, is pending in a Nigerian court,” Festus Ogun said.
“Even where the NDLEA goes ahead to prosecute Kyari for his drug related crimes, the Attorney-General has enormous powers under Section 174(1)(c) of the 1999 Constitution to discontinue to give way for his extradition proceedings”, he added.
