…IG orders suspension, sets up 4-Man special investigation panel
…AGF possesses exclusive right to oblige extradition request- Ozekhome
By Joshua Elekwachi and Ariemu Ogaga
The Peoples Democratic Party (PDP) has called on the federal government to handover, the head of the Police Intelligence Response Team (IRT), Abba Kyari, to Federal Bureau of Investigation (FBI) pending the outcome of an ongoing internal investigation, which bothered on his alleged involvement with Ramon Olorunwa Abbas, popularly known as ‘Hushpuppi.’
Kyari, a Deputy Commissioner of Police (DCP), on Sunday was suspended on the order of the Inspector-General of Police (IGP) Usman Alkali Baba.
The IGP recommended the immediate suspension of Kyari from the Service of the Nigeria Police Force, pending the outcome of an ongoing internal investigation, which bothered on his alleged involvement with Ramon Olorunwa Abbas, popularly known as ‘Hushpuppi.’
Kyari was ordered to be arrested by Judge Otis Wright of the United States District Court for the Central District of California.
National Publicity Secretary, PDP, Kola Ologbondiyan in a statement said, “It is indeed disquieting that the integrity of our nation has fallen so abysmally low under the corrupt and fraud-patronizing President Muhammadu Buhari-led All Progressives Congress (APC) administration, to the extent that the head of its police intelligence unit is being charged in connection with international fraud.
“Our party demands that the APC administration should not sweep this matter under the carpet given the manifest rapport between Kyari and some top APC leaders. We urge President Buhari not to ‘ease out’ this case of corruption but should immediately restore the integrity and image of our nation by allowing for a forensic investigation on the suspect.
“Moreover, if this Abba Kyari matter is not well handled, it will be a permanent stain on the reputation of our police, security system and our nation at large.
“The PDP therefore asks President Buhari to direct the Inspector General of Police to take in Abba Kyari for questioning and if found culpable, he should be handed over to the FBI.”
Also reacting, the former aide to President Goodluck Jonathan, Reno Omokri , stated that, “The recommendation for suspension of Deputy Commissioner of Police Abba Kyari, by the Inspector General of Police, Usman Baba, is a good first step. More needs to be done. The investigation needs to be thorough and devoid of ethnic and religious considerations. This is beyond Kyari.
“This is about Nigeria’s image. The public is already in possession of the text message exchanges between Kyari and Hushpuppi, and the numbers have been verified by TrueCaller. So, any attempt at sweeping this under the carpet will be an epic fail. Kyari can spend his suspension sewing natives.”
The court had ordered the FBI to track down Kyari and produce him in the United States for his role in a multi-million dollar fraud involving Abbas Ramon
Force Public Relations Officer, Force Headquarters, Frank Mba, in a statement on Sunday also said that a 4-man investigation panel to probe the allegation against the DCP has started sitting.
The statement said: “The IGP, in his letter to the Police Service Commission, dated 31st July, 2021, noted that the recommendation for the suspension of the officer is in line with the internal disciplinary processes of the Force.
“The IGP further noted that the suspension is also expected to create an enabling environment for the NPF Special Investigation Panel to carry out its investigations into the weighty allegations against DCP Abba Kyari without interference. The suspension is without prejudice to the constitutional presumption of innocence in favour of the officer.
“The Special Investigation Panel (SIP), comprising four Senior Police Officers, is headed by DIG Joseph Egbunike, the Deputy Inspector General of Police in-charge of the Force Criminal Investigations Department (FCID).
“The SIP, inter alia, is to undertake a detailed review of all the allegations against DCP Abba Kyari by the US Government as contained in relevant documents that have been availed the NPF by the Federal Bureau of Investigation (FBI).
“The SIP is also to obtain detailed representation of DCP Abba Kyari to all the allegations levelled against him, conduct further investigations as it deems fit and submit recommendations to guide further actions by the Force leadership on the matter.”
The IG promised that the probe will be conducted with “absolute respect for the rights and privileges of the officer throughout the period of the investigations.”
On the other hand, Constitutional lawyer, Chief Mike Ozekhome, SAN said the Minister for Justice and Attorney-General, Abubakar Malami in collaboration with a Magistrate Court, has exclusive right to either oblige or refuse extradition request of Abba Kyari by FBI.
According to him, “The procedure for extradition under the Extradition Act of 2004 which replaced the Fugitive Offenders Act of 1881 and other earlier laws is quite complex and labyrinthine. The USA Ambassador or Consul will have to make a formal written request to that effect to the Attorney General of the Federation under section 6 of the Act. The request is accompanied by a duly authenticated warrant of arrest or certificate of conviction.
“So the AG has exclusive jurisdiction in close collaboration with a Magistrate Court. The requesting state must show that the offence is one of felony, like money laundering, advance fee fraud or terrorism. If the offence is shown to be political in nature, or based on the Offender’s race, religion, nationality or political beliefs, then it will be refused. Such is the case of Sunday Igboho and Nnamdi Kanu whose only alleged offences are political.
“In this nature since they are asking for self determination for their people as recognised by section 1 of the United Nations Declaration of Human Rights and the African Charter on Human and People’s Rights. The FBI cannot simply come to Nigeria and seize Abba Kyari.They cannot replay the July, 1984 foiled kidnapping of Umaru Dikko after he was drugged and created as a diplomatic bag.
“Either the Attorney General or the Magistrate may refuse the extradition based on insufficient evidence of having committed an offence recognised under the Act and not excluded under section 3 (1)- (7) of the Act,” he said.