NDLEA had this week slammed an eight-count criminal charge on the suspended Deputy Commissioner of Police over his involvement in drug trafficking.
Senior Advocate of Nigeria, Dr Mike Ozekhome (SAN) has reacted after the National Drug Law Enforcement Agency (NDLEA) filed charges against embattled police officer, Abba Kyari.
Ozekhome said the charges filed against Kyari will halt the embattled policeman’s extradition process.
Recall that the NDLEA slammed an eight-count criminal charge on the suspended Deputy Commissioner of Police over his involvement in drug trafficking.
The anti-narcotics agency filed the criminal charge marked FHC/ABJ/57/2022 against the embattled police officer and six other suspects before the Federal High Court sitting in Abuja on Thursday.
Kyari and the four other police officers were accused by the NDLEA of conspiracy, obstruction, and dealing in cocaine worth 17.55 kilograms. The suspended police officer and the IRT members were alleged to have also unlawfully tampered with 21.25kg worth of Cocaine.
The NDLEA accused the suspected drug traffickers of conspiring with others at large, to import 21.35kg of Cocaine into the country.
Earlier, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), had said that the Nigerian government was willing to extradite Kyari to the United States where he has been indicted for his role in an international fraud involving Ramon Abbas aka Ray Hushpuppi.
Speaking with The PUNCH, Ozekhome said Malami has the right to institute an action against Kyari after a thorough review of the issue regarding the order of arrest by a US court.
He said: “Considering the wide powers of the Attorney General of the Federation as stipulated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered), the Hon. Attorney General can exercise his duty to institute an action against Abba Kyari after a thorough study and review of the issue regarding the order of arrest by Judge (Otis Wright) of the U.S. District Court.
“Considering the fact that Section 251 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered) vests the Federal High Court with jurisdiction to the exclusion of all other courts in civil causes and matters connected with or pertaining to extradition.
“In addition, the court can also ensure a provisional trust warrant for the arrest of a fugitive accused of an extradition offence or unlawfully at least after being convicted of an extradition offence without an order of the Attorney General as required under section 6 of the information and evidence presented to him are such that will justify the issue of a warrant if the offence had been committed in the division where he has jurisdiction.”
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