A Senior Advocate of Nigeria, SAN, Mike Ozekhome has posited that the United States cannot arrest DCP Abba Kyari in Nigeria but make formal request to the federal government for his extradition.
Kyari, who was indicted by a report of the Federal Bureau of Investigation, FBI, in the fraud case against Ramon Abbas aka Hushpuppi in the US, was suspended on Sunday by Nigeria’s Police Service Commission, PSC.
Speaking on the issue on Arise News on Monday, the Senior Advocate pointed that it would be unconstitutional for the FBI to just come into Nigeria and arrest Kyari without complying with our Extradition Act.
“When America demanded Abba Kyari, I heard people say FBI can now arrest Abba Kyari. No, you cannot do that. Nigeria is a sovereign country for crying out loud, no matter how down in the doldrums we have become.
“FBI cannot simply come here and pick up Abba Kyari. You must go through the extradition process as established in the Extradition Act of the laws of the Federal Republic of Nigeria 2004. You have to look at Sections 2, 4, 5, 6, 7, 8 and 9 of the extradition act,” Ozekhome said.
He cited an extradition example of Anthony Enahoro in 1963.
“In 1963, Chief Anthony Enahoro was being looked for by the Federal Government of Alhaji Tafawa Balewa. They accused him alongside Obafemi Awolowo and others of committing a treasonable felony. Enahoro found his way to London through Ghana. He ran away.
“So, the Labour Party with their new head, Harold Wilson made it a big deal and using the media very heavily to clamour that Enahoro be not extradited to Nigeria.
“But the government of Harold Mcmillan who was the Minister was caught in between and in betwixt as to the respect for human rights of Anthony Enahoro and not to hurt Nigeria as a political deal. But at the end of the day, Enahoro was extradited to Nigeria and he was tried and jailed for 15 years. It was the Gowon regime that released him and Awolowo and put them in key positions in government so as to drive the country’s progress. So, extradition, therefore, did not start today.
“Going through extradition, the Attorney General of the country has a crucial role to play under the Extradition Act, he and a magistrate, or under Section 251 of the Constitution, a judge of a federal high court.
“The country requesting for extradition, like the US, must make a formal request through its consular or representative in Nigeria, that we want this man in our country,” Ozekhome explained.
