Abba Kyari, Nigeria’s ‘super cop’ reputable for investigating celebrated criminal cases, is in the news for about two weeks now after an arrest warrant
was issued against him by a United States District Court for conspiracy to fraudulently obtain and launder money. The Deputy Commissioner of Police is currently wanted by the Federal Bureau of Investigation to face not less than three charges in his role in the internet scam spearheaded by Nigerian celebrity, Ramon Abbas, popularly known as Hushpuppi.
Considering the serious nature of the indictment, the infamous Facebook statement, which was later deleted, tells more about the intelligence of a decorated police officer that headed the Intelligence Unit of the Nigerian Police. That said, in the light of the controversies trailing the imminent extradition of Kyari, this article seeks to make a dispassionate analysis of the law and politics of extradition in Nigeria.
In fact, the existence of this treaty is incontestable as Nigeria has invoked its provisions to extradite a number of its citizens to the United States. In the case of UDEOZOR V FEDERAL REPUBLIC OF NIGERIA 2007 15 N.W.L.R. Part 1058 Page 499, the Supreme Court affirmed the existence of an Extradition Treaty between Nigeria and the United States.
Thereafter, upon the satisfaction of conditions precedent, the law places upon the Attorney General of the Federation the power and discretion to commence an extradition proceeding against a person named in the warrant of arrest in a Federal High Court. This discretion, it is submitted, shall be exercised judiciously and in furtherance of public interest.
Consequently, it becomes crystal clear that the success or otherwise of Kyari’s extradition lies principally on the shoulders of the Attorney General. Curiously, the Office of the Attorney General of the Federation and Minister of Justice hurriedly stated that it has not received any official communication on the arrest warrant issued against Kyari.
In what looked like a melodrama, the Nigeria Police Force went ahead to set up a probe panel headed by the Deputy Inspector General of Police in charge of Force Criminal Investigations Department, Joseph Egbunike where Kyari has appeared no less than four times.
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