FG moves to extradite Kyari to US over alleged $1.1 million wire fraud linked to Hushpupi

The Federal government of Nigeria through the office of the Attorney General of the Federation has commenced the processes for the extradition of Abba Kyari, the suspended Deputy Commissioner of Police over the $1.1 million fraud linked to Hushpupi.

Mr Kyari is to stand trial before the US District Court for the Central District of California, USA on a three-count charge bordering on conspiracy to commit wire fraud, money laundering, and identity theft.

A source confirmed the application process to Nairametrics on Thursday morning. The application marked: FHC/ABJ/CS/249/2022 was filed before the Chief Judge of the Federal High Court. Justice John Terhemba Tsoho.

What the AGF is saying

In a statement issued to newsmen on Thursday morning, the AGF acknowledged that his office received the extradition request of Mr Kyari.

He said, “After thorough studies and reviews of  issues regarding the application and components thereof, the office of the Attorney General of the Federation and Minister of Justice processed the application and forward the same to the relevant authorities for further necessary action.”

He noted that extradition is a process that involves multifaceted components which are multi-territorial; international, local and judicial.

What you should know

• Last year, the FG had received a request from the diplomatic representative of the United States embassy for the extradition of Kyari to answer for the alleged $1.1 million fraud linked to him.
• In an affidavit filed in support of the extradition application filed on March 2, the AGF stated that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
• Malami expressed satisfaction that Mr Kyari is being sought to surrender for the offence he was accused of. He noted that there was no criminal proceeding pending against him in Nigeria for the same offence.
• On April 29, 2021, a three-count charge was filed against Mr Kyari before the U.S. District Court for the Central District of California, USA.
• Count one bordered on conspiracy to commit fraud, count two bordered on conspiracy to commit money laundering and count three bordered on aggravated identity theft, and aiding and abetting offence.
• The Federal Bureau of Investigation (FBI) in July 2021, indicted Mr Kyari for the $1.1 million fraud linked to Hushpuppi.
• The Inspector-General of Police, Usman Alkali Baba recommended Kyari’s immediate suspension over the allegation.
• A Special Investigation Panel was set up on the alleged indictment of Mr Kyari. The panel submitted a report which contained the case file of the probe, evidence and findings as well as testimonies to the IGP in August 2021
• Section 3(6) of the Extradition Act of 1966 clearly provides that: A fugitive criminal (a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or
• (B) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall NOT be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.