The suspended deputy police commissioner Abba Kyari has told the Federal High Court in Abuja not to extradite him to the United States on several grounds including that he is a decorated officer.
Kyari is wanted in the US to face trial over his alleged involvement with convicted internet fraudster Ramon Abbas aka Hushpuppi.
Kyari, in a counter-affidavit that was deposed to by his younger brother, Mohammed, said the move to extradite him is only to punish him for his fight against crime.
“I know as a fact that the specified offences are of a political character and were in fact made for the purpose of prosecuting and punishing the Respondent on account of his race, nationality and was not made in good faith nor in the interest of Justice,” the deponent said.
He continued: “The offences are trumped up and the Respondent is seriously committed to defending himself.
“The Application for extradition processes clearly shows allegation of crimes committed on Nigeria soil. A copy of the alleged charge framed against the Respondent by the US Government is herewith attached as Exhibit 3.
“The Respondent has undergone administrative inquiry which is still ongoing and has not been completed to date on the same matter.
“The Respondent is a Deputy Commissioner of Police in the employment of the Nigeria Police who is highly decorated with meritorious service/excellent awards for outstanding service to the nation and has nowhere to run to.
“The Respondent has equally been decorated by the US Authorities.
“Having regards to all the circumstances thereof, it will be unjust, oppressive and improper to surrender the Respondent to the USA.”
But the Federal Government, through the office of the attorney-general of the federation Abubakar Malami, in its own affidavit that was deposed to by Bello Sholadoye, said it has sufficient evidence to warrant Kyari’s extradition to the US for trial.
The government said Kyari’s ongoing trial for drug trafficking would not stop the court from approving his extradition, stressing that surrending him to the US Government could be postponed till the conclusion of his trial in Nigeria.
Justice Inyang Ekwo adjourned the matter till Friday to enable the prosecuting lawyer, Pius Akutah, to respond to Kyari’s preliminary objection against his planned extradition.
