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Extradition application is the right step to take, no deception please, HURIWA tells government

The HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA ( HURIWA) first and foremost is pleased to state emphatically that we have received with profound happiness the news of the filing of the application by the federal attorney general before the high court requesting the extradition of suspended Deputy Commissioner of Police (DCP) Abba Kyari Who is wanted in the United States of America to stand trial for conspiracy to commit wire fraud, money laundering and identity theft.

As is now a notorious Knowledge, Abba Kyari the self styled ‘super cop’ is being accused of conspiring with a United Arab Emirates (UAE)-based Nigerian fraudster, Ramon Abbas, aka Hushpuppi . 

We want to assure the Nigerian government of the support of the credible civil society organizations in Nigeria including us in the frontline-HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA ( HURIWA) and also to caution that the government should not play film tricks on Nigerians but should carry out its application to a logical conclusion. We hope that this reported application for extradition is not ‘GOVERNMENT MAGIC’ but rather an action borne out of national pride and adherence to Nigeria’sglobal obligations as a member of the international community. 

This is because if the process of extraditing Abba Kyari to the United state is successfully done, it will burnish to a great extent a small but all the same welcoming part of the global image of the Nigeria police Force which hitherto has remained damaged virtually irreparably by the to hierarchy of the Nigerian police force. If Abba Kyari is extradited lawfully, the citizens can then hold their heads high wherever and whenever they are travelling around the World. 

This application for extradition is a direct  response to calls by groups like us and of other millions of Nigerians who had consistently demanded the extradition of suspended Deputy Commissioner of Police Abba Kyari to the United States of America with immediate effect. We hope the government will not contrive a dubious delay tactics to destroy the application and therefore provide softlanding to Abba Kyari the same way the Federal government did to the matter of the now demised Senator Kashamu Buruji wanted over hard drugs trafficking in the USA but it became clear that he was secretly aided to frustrate the legal process to allow the Federal Bureau of Investigation to bundle him to face trial up until he died unfortunately of natural causes. 

The federal government should attend to the scandalous indictment of a once well regarded police officer but who has now been indicted for several crimes in the U.S and only recently was arrested for drug involvement by the Nigerian Drug Law Enforcement Agency ( NDLEA). Shielding Abba Kyari for so long has damaged the international standing of Nigeria and indeed it was because of the delay tactics that the suspect found enough time to allegedly commit the grievous drugs offence for which the NDLEA reportedly arrested him. The Courts must not allow themselves to be used to shield and protect Abba Kyari. 

HURIWA is indeed satisfied that Nigeria has approved the request by the United States for the extradition of suspended Deputy Commissioner of Police (DCP) Abba Kyari.

Kyari is wanted to stand trial for conspiracy to commit wire fraud, money laundering and identity theft.

He was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi to commit the crime.

A grand jury, last April 29, filed an indictment against Kyari with the approval of the U.S. District Court for the Central District of California.

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), had on Tuesday filed an application before the Chief Judge of the Federal High Court in Abuja for Kyari’s extradition.

The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.

The AGF said the application followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja.

It is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment”.

In the affidavit filed in support of the extradition application, the AGF stated that he was 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.

He added that he was satisfied that the offence in respect of which Kyari’s surrender is sought is not political nor is it trivial.

The AGF also expressed satisfaction that the request for the surrender of Kyari 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 added that Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.

The AGF said having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him.

Malami said he was also satisfied that Kyari has been accused of the offence for which his surrender is sought.

He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.

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.

In the request for Kyari’s extradition, the U.S. Embassy stated: “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.

“The arrest warrant remains valid and executable to apprehend Kyari for the crimes with which he is charged in the indictment.

“Kyari is wanted to stand trial in the United States for conspiracy to commit wire fraud and money laundering, and identity theft.

“Kyari is the subject of an indictment in case Number 2:21-cr-00203 (also referred to as 2:21-MJ-00760 and 2:21-CR-00203-RGK), filed April 29, 2021, in the United States District Court for the Central District of California.”

COMRADE EMMANUEL ONWUBIKO:

NATIONAL COORDINATOR:

HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).

03-03-2022. 

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