The National Drug Law Enforcement Agency (NDLEA), in a move that could stall federal government’s plan to extradite Abba Kyari.
The suspended Deputy Commissioner of Police to the United States, on Thursday, filed an eight-count criminal charge against him and six others it alleged were involved in drug trafficking.
The move comes hours after the federal government approved a request by the United States to extradite Kyari who is wanted in the country over alleged links with international fraudster, Ramon Abbas, alias Hushpuppi, and could stall the extradition.
The other Defendants in the charge marked FHC/ABJ/57/2022, which the agency lodged before the Federal High Court sitting in Abuja, were four members of the Police Intelligence Response Team, IRT, ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu, as well as two alleged drug traffickers that were arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
NDLEA, in the charge it filed through a team of lawyers led by its Director, Prosecution & Legal Services, Mr. Joseph Sunday, specifically accused DCP Kyari and the four other police officers of conspiracy, obstruction, and dealing in Cocaine worth 17.55 kilograms.
It equally alleged that Kyari and his men, who are currently in its custody, also unlawfully tampered with 21.25kg worth of Cocaine.
The duo of Umeibe and Ezenwanne were accused of conspiring with others at large, to import 21.35kg of Cocaine into the country.
The NDLEA entered the charge against them, hours after the Attorneys-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, okayed request for Kyari who hitherto headed the Police IRT, to be extradited to the US to face trial.
Malami had in the extradition application he also brought before the court, claimed that no charge was pending against DCP Kyari in Nigeria.
But the charge by NDLEA means that Kyari is facing trial in Nigeria and cannot be extradited to the United States.
Earlier, TheWitness had reported, quoting Inibehe Effiong, a human rights lawyer, that charging Kyari in Nigeria would stop his extradition.
Effiong had in a statement on Thursday, appealed not to the NDLEA not to file a case against Kyari in court as doing so would prevent him from being extradited.
He had noted that the extradition act makes it imperative for Kyari’s prosecution on drug charges to be put on hold.
The lawyer explained that proceeding to prosecute Kyari in Nigeria for drug related offences would prevent his extradition because an individual facing trial in Nigeria cannot be extradited to another country.
Recall that Abba Kyari is currently being detained by the NDLEA after being arrested by the agency for alleged cocaine deals.
But Effiong who commended the federal government for deciding to extradite the fugitive cop, said the NDLEA must stay action in the regard.
“The extradition application filed by the Attorney General of the Federation for Abba Kyari to be extradited to the US is a welcome development. Now that the FG has taken this step, NDLEA has to stay action on the drug related charges against Kyari. That’s the implication,” Effiong had said.
“Investigation by the NDLEA can continue while the extradition application is litigated. But it will be counter productive for the NDLEA to proceed to file charges against Kyari during the pendency of the extradition application. That will make nonsense of the entire process.
“Section 3 of the Extradition Act makes it imperative for the prosecution of Kyari on the drug charges be put on hold. This is because by the said provision, extradition application will be refused by the court if the wanted fugitive is undergoing prosecution for another crime.
“If Abubakar Malami, SAN is serious and honest about extraditing Kyari, he should ensure that the NDLEA does not file charges against Kyari at this time. Otherwise, it will vindicate those who have asserted that the drug allegations may just a disguise attempt to shield Kyari.”
