Also US does not know the extent of the sting investigation embarked upon by Abba Kyari against the accused person in the case
Barrister Hamza Danti, counsel to the suspended Deputy Commissioner of Police, DCP Abba Kyari has appealed to the Federal High Court Abuja, presided over by Justice Inyang Ekwo to dismiss the allegations by the Attorney General of the Federation against DCP Abba on the ground that that the allegations were mere framed up.
Hamza who spoke to newsmen while commending the presiding justice said, “All the allegations on DCP Abba Kyari’s extradition application are not true and no single evidence to link up to him.
“The charges were framed up. This accounts for failure to invite Abba Kyari or take his statement before the highly publicized indictment, playing on the intelligence of Nigerians and Nigerian authority.
“It is in the interest of justice to order discharge and to dismiss the application having regard to the circumstances of this matter.”
Continuing, Hamza averred that “The documents relied upon by the Attorney General and also United State of America are not authenticated in the manner prescribed by law.
The United States of America cannot produce a fair and unbiased case diary linking Abba Kyari with Hushpuppi.
“Also US does not know the extent of the sting investigation embarked upon by Abba Kyari against the accused person in the case.”
“It is in the interest of justice, the presiding judge, Justice Inyang Ekwo of the Federal High Court in Abuja dismissed the extradition application instituted by the Federal Government seeking to extradite the suspended Deputy Commissioner of Police DCP, Abba Kyari to the United States of America for lack of merit and not in good faith, also contravene Section 3 (1-7) and section 6 (2) of the Extradition Act and in view of the long settled judicial decision that by Extradition (USA) Order covered by Legal Notice No. 33 of 1967 adopting the pre-independent Extradition Treaty Between the UK and USA of 1931 is binding on Nigeria. See George Udeozor v. FRN CA/L/375/05, AGF v. Olayinka Johnson FHC/L/16C/2013.”
Although, the judge while delivering judgement said, the court can grant extradition application even if the fugitive has a pending criminal charges in Nigeria.
“But this application made by the United State of American to extradite Abba Kyari is not in good faith and lack sufficient evidence and fact linking the accused person (Hushpuppi) and Abba Kyari”.
The court dismissed the application.