A Security Expert, Group Captain SG Shehu (retd.), has disclosed that extraditing the suspended Deputy Commissioner of Police, Abba Kyari, to the United States over his alleged relationship with the popular fraudster, Ramon Abbas, popularly called Hushpuppi, will amount to double jeopardy for him.
Shehu in a statement obtained by Blueprint over the weekend agreed that there was a 1931 Extradition Treaty between the UK (colonial master of Nigeria then) and the United States, but argued that Kyari could not be hurriedly handed over to the US government without being tried in Nigeria.
Kyari, the former head of the Intelligence Response Team (IRT), was indicted by a U.S. court as a conspirator in a $1.1 million fraudulent deal against a Qatari businessman. He, however, denied any wrongdoing.
However in his statement titled: “Explainer: Courses of action on the US request for extradition”, Shehu, admitted that the Kyari’s alleged offence fell under Article 3 (22) of the treaty, and contended that since the police had commended investigation into his alleged offence and his subsequent suspension, the US’ extradition demand could not stand.
The retired officer, who noted that some Nigerians had been extradited to the US to answer for their crimes, lamented that there was no public record showing the extradition of United States citizens to Nigeria since the treaty became effective in 1935.
He said: “There is a 1931 Extradition Treaty between the UK (colonial master of Nigeria then) and the United States. The treaty was signed on 22 December , 1931, and entered into force on 24 June 1935. The treaty covered all British possessions and colonies. Upon gaining independence on 1st October 1960, there was a formal exchange of the inheritance of international rights and obligations between the United Kingdom and Nigeria 1960.
“Since then Nigeria has extradited several persons to the United States for various reasons ranging from drug, advance fee fraud, and terrorism-related offenses. However, there is no public record showing the extradition of United States citizens to Nigeria since the treaty became effective in 1935.
“While the Constitution provides the general foundational legal framework for extradition law and practice, the Extradition Act is the primary legislation for specific matters. Extradition proceedings in Nigeria are strictly guided by the Extradition Act 1966 and Extradition Proceedings Rules. When a country requests for a person to be extradited, Nigeria’s Federal Ministry of Justice has the duty to ensure that certain extradition prerequisites are fulfilled.
“The person to be extradited must have committed the offence and evidence relating to those facts must be presented to the Court before an extradition application can be granted. Not all crimes are extraditable offences. This implies that it is not enough to show that the alleged fugitive has committed an offence, it must be shown that the alleged offence is an extraditable offence.
“It depends on what investigation reveals. IF push comes to shove and the allegations against Kyari are found to have basis, what options are open to FGN ? To extradite to the US or not? For the answer we have to look at the subsisting 1931 extradition treaty between the US and UK possessions.
“Should Nigeria not wish to extradite Kyari, Federal Government of Nigeria (FGN) can take umbrage under ARTICLE 4 which provides : “The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the territories of the High Contracting Party applied to, for the crime or offence for which his extradition is demanded.
“ (And I believe this is what the Police authorities are doing now by immediately suspending Kyari and placing him under investigation) . With this move, allowed by the treaty, the US would have no option than to stay the request for extradition (even though argument may be made that the US request came earlier than the beginning of investigation).
“Should, IF, subsequently Kyari, is found guilty and punished by Nigerian courts , for the same offense quoted by the US, then any request for extradition would no longer be tenable as ARTICLE 5 prevents double jeopardy’’.
