By John Ikani
The Federal Government of Nigeria on Thursday approved the request by the United States of America (USA), for suspended Deputy Commissioner of Police (DCP) Abba Kyari to be extradited over the $1.1million wire fraud perpetrated by Abass Ramon commonly known as Hushpuppi, and 4 others.
The approval was made known by Attorney-General of the Federation and Minister of Justice, Abubakar Malami who on Wednesday, filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.
The request is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment”
The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.
According to Malami, the application was filed before the court following a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
Malami in the affidavit filed in support of the extradition application noted that he is satisfied that provision is made by the laws of the U.S. such that so long as Kyari has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried for any offence committed before his surrender other than the extradition offence which can be proved by the fact on which his surrender is sought.
While expressing satisfaction that the charges levelled against Kyari are not political nor trivial, the AGF also noted that the request for Kyari’s extradition was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
Kyari, a highly decorated DCP was the most celebrated crime-buster in the Nigerian Police Force, leading him to be given the sobriquet of a “Supercop” for his extraordinary, if not close to legendary, prowess in tracking down and nabbing armed robbers and kidnappers.
However, he was in 2021 indicted as a conspirator in a $1.1m fraud deal involving Instagram celebrity Hushpuppi.
The indictment led to Kyari’s suspension and an internal investigation was launched, amid calls for him to be extradited to the US.
Kyari is currently in the detention of the National Drug Law Enforcement Agency over a crime related to drug trafficking.
In April 2021, a jury filed an indictment against Kyari with the approval of the U.S. District Court and demanded Kyari stand trial for conspiracy to commit wire fraud, money laundering and identity theft.
According to court documents, the three count-charge marked: 2:21-cr-00203-RGK, was filed on April 29, 2021, before the US District Court for the Central District of California, USA.
The charge filed along with the extradition application reads:
Count one: Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years.
“Count two: Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
“Count three: Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years.”
Consequently, the US Embassy requested for Kyari’s extradition saying, “On April 29, 2021, based on the indictment filed by the grand jury and with the approval of the United States District Court for the Central District of California, a deputy clerk of the court issued a warrant of arrest for Kyari.
