AGF’s failure to serve court processes stalls DCP Kyari’s extradition suit

A federal high court in Abuja has fixed April 27 to hear an application seeking the extradition of Abba Kyari, the suspended deputy commissioner of police (DCP).

Kyari is wanted in the United States over alleged conspiracy to commit wire fraud, money laundering and identity theft.

A grand jury had on April 29, 2021, filed an indictment against him with the approval of the US district court for the Central District of California, after which a warrant was issued for his arrest.

In July 2021, the US Federal Bureau of Investigation (FBI) indicted Kyari in a $1.1 million fraud involving Hushpuppi, the self-confessed international fraudster.

The suspended police officer denied the allegation, claiming that his “hands are clean”.

In August 2021, Usman Baba, inspector-general of police, received the report of a panel set up to probe the allegation against the officer.

The report was thereafter sent to the AGF who then filed an extradition application against Kyari on March 2.

The matter was fixed for March 23 for hearing.

However, when the matter was called on Wednesday, Nureni Jimoh, Kyari’s lawyer, said his client was yet to be served with any of the processes the AGF filed against him.

Nureni said there was no way his client would have been able to respond to the extradition request since he was not served.

Responding, Pius Akutah, AGF counsel, admitted that the respondent was yet to be served with processes in the application marked: FHC/ABJ/CS/249/2022.

He said the delay is due to the drug trafficking charge the National Drug Law Enforcement Agency (NDLEA) filed against Kyari before the court.

Akutah argued that he has 14 days within which he could still effect the service in accordance with the law.

While adjourning the case, Inyang Ekwo, the presiding judge, ordered the AGF to ensure that service of the processes is effected before the next date.

He noted that the respondent is at liberty to respond within 14 days after he has been served.

The judge also gave an extra seven days for the parties to perfect the filing processes.

Kyari was on March 7 arraigned alongside Sunday J Ubia, Bawa James, Simon Agirigba and John Nuhu on allegations of conspiracy, obstruction and drug trafficking.

The other accused persons are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — two alleged drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu.

The NDLEA accused the defendants of tampering with 21.35kg of cocaine.