- The Federal High Court in Abuja has stated that it cannot release DCP Abba Kyari for extradition
- In its ruling on Monday, August 29, the court said its decision is based on the Extradition Act which forbids anyone on trial to be surrendered for the purpose
- Therefore, the court stated that the application by the federal government's representative, AGF Malami, is devoid of merit
Abuja - The Federal High Court in Abuja has ruled that the federal government's request to extradite Deputy Commissioner of Police (DCP) Abba Kyari to the United States (US) is “incompetent and bereft of merit”.
The hearing presided over by Justice Inyang Ekwo was held on Monday, August 29, Vanguard has gathered.
The court's position is that the Extradition Act forbids the surrendering of a defendant already facing trial before a competent court.
Justice Ekwo, reading the verdict, noted that the government's legal representative, AGF Abubakar Malami, is expected to know this fact.
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In line with this, the court was, therefore, surprised that Malami has filed an application for Kyari's extradition when he was equally the one that issued fiat to the National Drug Law Enforcement to prosecute the suspect.
The judge said:
“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."
A legal practitioner who spoke with Legit.ng confirmed the court's position but noted that if the government feels aggrieved over the verdict, it has a right to appeal.
"DCP Abba Kyari in our custody", official reacts to report of escape after terrorist attack on Kuje Prison
Meanwhile, the Nigerian Correctional Service had debunked reports that the suspended deputy commissioner of police, Abba Kyari, escaped during the Tuesday, July 5, terrorists' attack on Kuje Prison in the Federal Capital Territory.
Shortly after the late-night attack on one of Nigeria's top prison facilities, reports filtered into the media space that some top prisoners, including Kyari, managed to escape during the attack.
However, speaking to Legit.ng, the spokesperson for the NCS, Umar Abubakar, said the report is misleading.
He added that the suspended police officer who is facing charges for drug trafficking, among others, is hale and hearty.