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By Emmanuel Adeleke
A Federal High Court sitting in Abuja has rejected an application by the Federal Government seeking to extradite the suspended Deputy Commissioner of Police (DCP), Abba Kyari, to the United States to face criminal charges.
Delivering judgement on the application, Justice Inyang Ekwo held that the extradition application FG filed through the Office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, was “incompetent and bereft of merit.”
He held that the AGF, Malami, being the Chief Law Officer of the country, ought to be aware that the Extradition Act, forbade the surrendering of a defendant that is already facing trial before a competent court in the country.
The judge wondered why the AGF approached the court with the extradition application when he was equally the one that issued fiat to the National Drug Law Enforcement (NDLEA) to prosecute Kyari on drug-related charges.
“The AGF could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA,” Justice Ekwo said.
He said the law was clear that Kyari, having been docked before a court of competent jurisdiction in the country, shall not be surrendered until such case has been discharged either by his conviction or acquittal.