By Derrick Bangura

The federal government of Nigeria has started the process of extraditing suspended Deputy Commissioner of Police (DCP) Abba Kyari to the United States of America to face fraud charges.
The National Drug Law Enforcement Agency (NDLEA), which currently has Kyari in custody following his arrest for alleged illicit drug dealing, also initiated a court process against him a few hours after the extradition process began. According to this development, Kyari, four of his colleagues from the Inspector General of Police Special Intelligence Response Team (IRT), and two others will be arraigned on drug-related charges at any time.
In the Federal High Court in Abuja, the NDLEA filed an eight-count criminal charge against the defendants.

The NDLEA court action against Kyari implies that he cannot be extradited to the United States, despite the fact that the federal government has begun the extradition process.
Section 3 (f) of the Extradition Act says, “A fugitive criminal- (a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or (b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise.”
Kyari, a once celebrated officer of the Nigeria Police, is currently enmeshed in various criminal allegations in connection with cases for which the “super cop” had previously won accolades for fighting.
Following the arrest and imprisonment of Abass Ramon, a.k.a Hushpuppi, over a $1.1 million wire fraud and Ramon’s alleged implication of Kyari, who was then Commander of the Police Intelligence Response Team (IRT), the United States had requested the extradition of Kyari to explain his alleged involvement in the crime.
Months after the extradition request, yesterday, the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), disclosed that the federal government had filed an application for the extradition of Kyari before the Chief Judge of the Federal High Court, Abuja. Malami stated that the application, which followed a request by the diplomatic representative of the American embassy in Abuja, was filed under the Extradition Act and marked: FHC/ABJ/CS/249/2022.
Only recently, the AGF, while speaking during a television programme, assured that the President Muhammadu Buhari administration would extradite Kyari to the US to answer to the fraud charge filed against him, Hushpuppi, and four others if the government felt convinced to do so.
Speaking on the extradition application, the minister said it was “for the surrender of Abba Kyari, who is a subject in a superseding three counts indictment.” He said the offence for which Kyari’s extradition was being made was not political or trivial.
Malami added 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.
The minister stated that if surrendered, Kyari would not be victimised at his trial and will not be punished, detained or have his personal liberty restricted due to race, nationality or political opinions.”
Malami explained that having regard to all the circumstances in which the offence was committed, it would not be unjust or oppressive, or too severe a punishment, to surrender him. He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
NDLEA to Arraign Kyari, Four IRT Members on Eight-count Drug Charge

The federal government would any time from now arraign Kyari, four of his colleagues in the IRT, and two others on drug-related offences.
Kyari and his co-accused were arrested on February 14 and handed over to the police for investigation over allegations bordering on illicit drug dealing.
The charge, filed yesterday and marked FHC/ABJ/CR/57/2022, was signed by NDLEA’s Director, Prosecution and Legal Services, Mr Joseph Sunday.
Before yesterday’s suit, the anti-drug agency had obtained a court order to detain Kyari and others for another 14 days to enable it to conclude its investigation and then charge them to court.
Others listed in the charge included Assistant Commissioner of Police (ACP), Sunday Ubua; Assistant Superintendent of Police (ASP), Bawa James; Inspector Simon Agirigba; Inspector John Nuhu; Chibuinna Patrick Umeibe; and Emeka Alphonsus Ezenwanne.
In count one, Kyari, ACP Ubua, ASP James, Inspector Agirigba, and Inspector Nuhu, all of the Intelligence Response Team were said to have between January 19 and 25, dealt in 17. 55 kilogrammes of cocaine and committed and offence contrary to and punishable under section 14 (b) of the Natural Drug Law Enforcement Agency Act, CAP 30, Laws of the Federation of Nigeria 2004.
Count one read, “That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, on or about January 19 to 25, 2022, at the office of Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja conspired amongst themselves with ASP John Umoru (now at large) to deal in 17.55kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the Federation of Nigeria 2004.”
Count two read, “That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, Adult on or about the 19th to 25th January 2022, at Abuja within the jurisdiction of this Honourable Court dealt in 17.55kilogrammes of cocaine without lawful authority and thereby committed an offence contrary to and punishable under section 11(c) of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the Federation of Nigeria 2004.”
In count three, the prosecution alleged, “That you DCP Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, all male, Adult on or about JanuaryJl 19 to 25, 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Court conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully tamper with 21.35 kilogramames of cocaine seized from Chibunna Umeibe and Emeka Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and by substituting same with some other substance and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.”
Count four was, “That you DCP Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male Adult on or about January 19 to 25, 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35 kilogramames of cocaine seized from Chibunna Umeibe and Emeka Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.”
Count five was, “That you Chibunna Umeibe, male adult and Emeka Ezenwanne, male adult on or about the 19th January 2022 at Akanu Ibiam International Airport, Enugu Nigeria, within the jurisdiction of this Honourable Court without lawful authority imported 21.35kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.”