Mike Ozekhome, SAN, a constitutional lawyer and Human Rights Activist, has given a reason why the United States’ Federal Bureau of Investigation, FBI, cannot just come to Nigeria to arrest suspended Deputy Commissioner of Police, Abba Kyari, without going through the constituational means of doing so.
Kyari was indicted by the FIB in a fraud case against internet and cybercrime fraudster, Ramon Abass, popularly known as Hushpuppi in the United States.
The indictment was followed by an order for his arrest, which was issued to the FBI by the US Attorney’s Office in the Central District of California.
Following the revelation, IGP Usman Baba had recommended Kyari’s suspension pending the outcome of investigations.
But Kyari had since denied the allegations but admitted acting as a go-between for the internet fraudster and a local tailor in which Hushpuppi purportedly made payments.
Reacting to the development, Ozekhome, who spoke to Arise News on Monday, insisted that the FBI cannot just come to Nigeria to arrest Kyari without going through an extradition process.
Ozekhome said, “When America demanded Abba Kyari, I heard people say the FBI can now arrest Abba Kyari. No, you can’t do that.
“Nigeria is a sovereign country, for crying out loud, no matter how down in the doldrums we’ve become.
“The FBI can’t simply come here and pick up Abba Kyari. You must go through the extradition process as established in the Extradition Act of the laws of the Federal Republic of Nigeria 2004. You’ve to look at Sections 2, 4, 5, 6, 7, 8 and 9 of the extradition act.”
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He added, “Going through extradition, the Attorney General of the country has a crucial role to play under the Extradition Act, he and a magistrate, or under Section 251 of the constitution, a judge of a federal high court.
“The country requesting for extradition, like the US, must make a formal request through its consular or representative in Nigeria that we want this man in our country.”