A Federal High Court in Abuja fixed March 23 to hear an application by the Federal Government seeking to extradite the former commander of the Intelligence Response Team (IRT), Abba Kyari, to the United States of America.
It has been reported that the case which has been assigned to Justice Inyang Ekwo has been fixed for March 23 for hearing.
Recall that the Federal Government had filed the application for the extradition of the embattled cop to the United States over alleged money laundering.
The office of the Attorney General of the Federation said the application was filed under the Extradition Act, as part of the Nigerian government’s approval of the request by the US government for Kyari’s extradition.
The application hinted that a request was made to Nigeria by the Diplomatic Representative of the US Embassy in Abuja, for the surrender of Kyari who is a subject in a superseding three counts indictment in case no: 2:21-cr-00203-RGK.
The Attorney General of the Federation, Abubakar Malami, said the case was filed on April 29, 2021, at the U.S. District Court for the Central District of California, USA.
Malami said that Kyari was to answer to a three-count charge of wire fraud, money laundering and aggravated identity theft and aiding and abetting.
He said the punishment for the offences as contained in the superseding Indictment carries a maximum of 20 years imprisonment for count one.
Malami added that count two carries 20 years imprisonment while count three carries two years imprisonment consecutive to any other sentence imposed respectively as contained in the various United States laws.
The AGF said the application was in line with the requirement of the Extradition Act, CAP E25, LFN, 2004.
He argued that the offence for which the suspect is accused is an extraditable offence under Articles 3 (18 & 20) of the Extradition Treaty between the United States of America and Great Britain, signed in London, on December 22, 1931.
The minister said the treaty is recognised as binding on the Federal Republic of Nigeria, by legal Notice 33 of 1967.
He said the offences are also covered by Articles 3, 5 and 6 of the United Nations Convention Against Transnational Organised Crime, adopted November 15, 2000 (“The UNTOC”).
Malami said that the offence charged in count three is considered a separate serious crime, covered under Article 16(2) of the UNTOC.
He said besides that the offences for which Kyari is accused are extraditable, they are also punishable under the Nigerian laws.
