Barrister Hamza N Danti, counsel to the suspended Deputy Commissioner of police, DCP Abba Kyari has said that the extradition case was dismissed by the Federal High Court because for lack of Merit.
While addressing AljazirahNigeria, he said, “Extradition case was dismissed by the Federal High Court because it lacks Merit and everything was not done in Good faith. The dismissal of the case has nothing to do with any other pending case on the ground.
“The Judge has clarified in his judgement that having a pending case is not a ground for refusing extradition and he said that the law says extradition can be approved for anybody that have a pending case so that the extradition will be done after the pending case is concluded, But in this case Judge went ahead to state clearly that the case is Dismissed because it lacks merit and it’s not done in Good faith.
“All the allegations on DCP Abba Kyari’s extradition Application are not true and no single evidence to link up to him.
“The application for the extradition charges were framed up, this account for failure to invite Abba kyari or take his statement before the highly publicized indictment, playing on the intelligence of Nigerians and Nigerian authority.
“It is in the interest of justice to order discharge and to dismiss the application having regard to the circumstances of this matter.
“The documents relied upon by the Attorney General and also United States of America are not authenticated in the manner prescribed by law.
The United States of America cannot produce a fair and unbiased case diary linking Abba Kyari with hushpuppy or any crime.
“And also United States of America does not know and didn’t asked to know the extent of the “sting investigation” embarked upon by Abba Kyari against the accused person Hushpupi in the case. Notwithstanding that Abba kyari is somebody the FBI know very well and have given commendation letter by the FBI for rescuing many Americans from kidnappers in Nigeria and even arrested all killers who kidnapped and murdered a Serving US Soldier in imo state back in 2018.
It is in the interest of justice , the presiding judge, Justice Inyang Eden Ekwo of the Federal High Court in Abuja dismissed the extradition Application instituted by the Federal Government seeking to extradite the DCP, Abba Kyari to the United States of America for lack of merit and not in good faith, also contravene Section 3 (1-7) and section 6 (2) of the Extradition Act and in view of the long settled judicial decision that by Extradition (USA) Order covered by Legal Notice No. 33 of 1967 adopting the pre-independent Extradition Treaty Between the UK and USA of 1931 is binding on Nigeria. See George Udoezor v. FRN CA/L/375/05, AGF v. Olayinka Johnson FHC/L/16C/2013.”, he added.
