By Correspondent in Abuja
A Nigerian legal practitioner, Mr Kayode Ajulo, has described
Abba Kyari’s alleged US indictment as an unfortunate situation involving the Nigerian star cop.
Ajulo,who stated this in a statement he made available to Journalists in Abuja on Saturday,however, said that the extradition was not automatic, adding that strict adherence to international and municipal legal mechanisms must be observed before the requested extradition could take place.
He said:”To wit, it is unequivocal that Nigeria is a sovereign state and a citizen of Nigeria cannot be expelled/extradited from the country without strict adherence to the provisions of the Constitution and International protocols.
“It is important to note that the Federal Republic of Nigeria and the United States of America are bound by the provisions of the Extradition Treaty, signed with the United States of America on December 22, 1931 (entered into force on June 24, 1935).
“This includes the Extradition Act of 1966, (Extradition Modification) Order, 2014, Extradition Act (Proceedings) Rules, 2015 and other International Protocols.”
According to the lawyer,by the provision of Section 6 of the Extradition Act, a request for the surrender of a fugitive criminal of any country shall be made in writing to the Attorney-General by a diplomatic representative or consular officer of that country.
He added that the request shall be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country.
“It is, therefore, clear that in this instance, the office of the Attorney General of the Federation would have to conduct a discreet and thorough investigation into the allegations levelled against DCP Abba Kyari.
“Upon the conclusion of same, if there is any prima facie case against the acclaimed ‘supercop’, the office can commence extradition processes against him in a Court of competent jurisdiction within the Nigerian Territory and obtain an Order of Court,in line, before he can be extradited to the United States of America.
“In the course of above investigation, It is humbly suggested that the four underlisted posers should be considered;
“1. Is the offence for which DCP Abba Kyari is being charged in the United States an extraditable offence under the Extradition Act?
“2. Is the offence for which DCP Abba Kyari is being charged recognized as an offence punishable under the Nigerian Penal Laws?
“3. Whether from the aggregate of facts and evidence presented to the Court by the US Special Prosecutor against DCP Abba Kyari, there is any nexus between him and the offence of conspiracy to commit wire fraud and conspiracy to engage in money laundering?
“4. Whether from the aggregate of facts and evidence presented to the Court by the US Special Prosecutor, is the probable offence for which DCP Abba Kyari might be charged abuse of office which was an act done within the territory of Nigeria and within the exclusive imprimatur of the Nigerian Government, the Police Service Commission and under the territorial jurisdiction of a Nigerian Court?
“As it is, in determining Abba Kyari’s fate, the Nigerian government has a humongous task ahead as events unfold,”Ajulo added.
Meanwhile, the embattled Abba Kyari,a Deputy Commissioner of police is said to have, on Friday, assembled his team of lawyers to defence himself and avert the plan for his arrest and extradition by the Federal Bureau of Investigation, United States, for alleged offence.