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September 22, 2021
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Hushpuppi: Why US Has No Power To Extradite Kyari From Nigeria -Falana

Falana

Human rights lawyer, Femi Falana (SAN) says the US does not have the power to extradite Deputy Commissioner of Police, Abba Kyari from Nigeria without following the right process.

Falana stated this on Friday, where he opined that Kyari still has the right to ignore the invitation to go to the US since the crime he is being accused of was committed in Nigeria and not the US.

He explained that the only way the US can get Abba Kyari is to request for his extradition in accordance with the terms of the Treaty.

He said, “The United States and Nigeria have an extradition treaty which covers the offences allegedly committed by CP Abba Kyari. If the police officer insists on his innocence, he may want to submit himself to the jurisdiction of the District Court in the United States.

“Otherwise, the United States Government will have to request for his extradition in accordance with the terms of the Treaty. Once the request is received by the Federal Government, the Attorney-General/Minister of Justice will commence extradition proceedings in the Federal High Court.

“Alternatively, the office of the Attorney-General may file charges against the police officer since the offences were committed in Nigeria. In the interim, the police authorities are under a legal obligation to initiate urgent disciplinary action against the officer.

“When I suggested to the Federal Government to request for the extradition of Sunday Adeyemo (a.k.a Igboho), I was simply saying the authorities of both Nigeria and Benin Republic should operate under international law. I am also asking Nigeria and the United States to handle Abba Kyari’s case under international law.”

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