Will Nigeria’s celebrity police, Kyari, evade extradition?

By Moses Adeniyi

What surfaced as a rebuttable allegation which could easily be dispelled by a Press release, has grown beyond what a rebuttal press statement could handle. The reactions from Nigerians that greeted the indictment of Nigeria’s hyped Police officer, DCP, Abba Kyari by a US court sitting in California over alleged involvement in shady deal with Nigeria’s cyber-crime fraudster, Ramon Abbas, A.K.A. Hushpuppi to the tune of a $1.1million US dollars, have gone so wild. While sweeping such matters under the carpet in Nigeria is known to be a usual thing, such tendency may not play too well in this circumstance  holding strong international stake.

Questions over the possible extradition of Kyari who heads the Intelligence Response Team (IRT) of the Nigeria Police Force have attracted divided interests, as such views as those of the Arewa Youths and a former Minister of Aviation, Femi Fani-Kayode, have risen in defence of the dramatic police officer. However, internal response within the Police structures in Nigeria have risen to demands, with moves that have led to his suspension.

Response of Police Structures

Report on Sunday revealed that the Police Service Commission (PSC) has suspended Kyari, from the exercise of the powers and functions of his office, as a Deputy Commissioner of Police who heads the Intelligence Response Team (IRT) of the Nigeria Police Force.

A statement by the Commission’s Head of Press and Public Relations,  Ikechukwu Ani, had read, “Abba Kyari’s suspension took effect from Saturday, July 31st 2021 and would subsist pending the outcome of the investigation in respect of his indictment by the Federal Bureau of Investigation of the United States.

“The Commission has also directed the Inspector General of Police to furnish it with information on further development on the matter for necessary further action.

“The Commission’s decision which was conveyed in a letter with reference, PSC/POL/D/153/vol/V/138 to the Inspector General of Police today, Sunday, August 1st, 2021, was signed by Hon. Justice Clara Bata Ogunbiyi, a retired Justice of the Supreme Court and Honourable Commissioner 1 in the Commission for the Commission’s Chairman, Alhaji Musiliu Smith, a retired Inspector General of Police who is currently on leave.”

As events unfold,  the Inspector-General of Police, (IGP) Usman Alkali Baba, prior to the PSC directives, had recommended the immediate suspension of Kyari, from the Service of the Nigeria Police Force, pending the outcome of an ongoing internal investigation bordering on his indictment.

The IGP, in his letter to the Commission, dated 31st July 2021, signed by the Force Public Relations Officer, CP Frank Mba, had noted that the recommendation for the suspension of Kyari is in compliance with the internal disciplinary processes of the Force. Consequently, a four-man panel has, in response, been set up by the IGP to investigate the FBI’s indictment of  Kyari. The panel is expected to do a thorough review of documents sent to the Nigeria Police Force, by the FBI.

The letter had read partly: “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 (4) 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 a 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 IGP who reaffirmed the commitment of the Force to the Rule of Law, had assured the public of the sanctity of the probe as well as the absolute respect for the rights and privileges of the officer throughout the period of the investigations.

Reports of the allegations against Kyari, by the US Court quoting Hushpuppi, who confessed to bribing Kyari to arrest a co-fraudster in a whopping $1.1m deal, would continue to generate intrigues in the next coming days. The US’ court documents had last week revealed that Abbas reportedly paid off Kyari to arrest a colleague of his whom he had a dispute with.

Kyari had on Thursday in a denial statement which many NigerIans found  ridiculous claimed that: “Abbas who we later came to know as Hushpuppi called our office about 2 years ago that somebody in Nigeria seriously threatened to kill his family here in Nigeria and he sent the person’s phone number and pleaded we take action before the person attacks his family. We traced and arrested the suspect and after investigations we discovered there wasn’t an actual threat to anyone’s life And they are long time friends who have money issues between them hence we released the suspect on bail to go and he was not taken to any jail. Nobody demanded for a kobo from Abbas Hushpuppi. Our focus was to save people’s lives that were purported to have been threatened.

“Later, he saw some of my Native Clothes and Caps on my social media page and he said he likes them and he was connected to the person selling the clothes and he sent about N300k directly to the person’s account. The Native Clothes and Caps (5 sets) were brought to our office and He sent somebody to Collect them in our office. Nobody demanded any money from Abbas Hushpuppi and nobody collected any money from him. We responded to a distress call he made on threat to his family and released the Suspect when we discovered there was no life threat from the Suspect. This is the true story. Vincent is alive, he can be contacted.

“For those who are celebrating that this is an indictment on us and mentioning some fictitious Big Money, they will be disappointed once again as our hands are clean and our record of service for 2 decades is open for everybody to see. They will continue seeing us serving our fatherland and we will continue responding to all distress calls from all Nigerians provided they are life threatening.

“For good Nigerians who appreciate our service, please don’t worry as our hands are clean and they should please not respond to those celebrating and creating many false narratives without any evidence. We are used to such types of people and false newsmakers and distributors.”

However, later update emerged on the allegation levelled against Kyari before a district court in the US, revealing that Kyari allegedly sent a third party account to Hushpuppi for payment. The US court document had revealed: “On January 20, 2020, defendant Kyari sent an electronic message to UICC Abbas containing the account information for a bank account at a Nigerian bank in the name of a person other than defendant KYARI himself, where UICC Abbas was direct payment for the arrest and imprisonment of defendant VINCENT.”

It would be recalled that the Nigerian suspected fraudster Kingpin, Hushpuppi, was arrested last year June by Dubai Police and subsequently transfered to the FBI in the US. In his trials, he had recently pleaded guilty in the United States.

The proceedings however, had narrated how he bribed Nigeria’s celebrated Deputy Commissioner of Police, Kyari. According to the US Department of Justice, a criminal complaint initiated the prosecution of Hushpuppi in February with court documents revealing that Abbas, the 37-year-old Nigerian national, pleaded guilty on April 20.

A version of Abbas’ plea agreement filed late last Tuesday outlines his role in the school-finance scheme, as well as several other cyber and business email compromise schemes that cumulatively caused more than $24million in losses. Officials said in court filings that Abbas disclosed during interrogation that he paid bribes to  Kyari to have one of his rivals arrested and jailed in Nigeria following a dispute over a $1.1million dupe of a Qatari businessperson.

Stake of interests

Questions as to the possibility of the extradition of Kyari has attracted divided interests. While many would wish he is extradited to face trials abroad, contending interests may foist a contention by relying on established structures. It would be recalled that against demands, the PSC in a statement over the weekend, had stated that: “A US Court cannot order the arrest of a Non-Citizen resident in Nigeria,” stressing that only the PDC has prerogative power “to either suspend, demote or dismiss an erring officer.”

Hence, whether the Government of Nigeria will consent to extraditing Kyari to the US for trials, has become a subject shrouded in clogs. Since some weight of support have begun to surface in Kyari’s defence, it is becoming apparent that divided interests on the case would spring forth conflicting outcomes in the coming days.

It is more likely that interests have the upper hand to play in the circumstances. However, it would be noted that unlike the norm in Nigeria, sweeping the alleged glitch into the carpet may never be so easy for the circumstances, with the international stake engulfed in the case.

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