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An Abuja federal high court has dismissed a suit by the federal government asking to extradite suspended deputy commissioner of police, DCP, Abba Kyari, to the United States to face charges.
The suspended DCP is wanted in the US over alleged conspiracy to commit wire fraud, money laundering, and identity theft.
Inyang Ekwo while delivering judgment on Monday adjudged the suit filed by the office of the attorney-general of the federation was competent and bereft of merit.
According to Ekwo, the Extradition Act is against the surrender of a defendant who is presently being tried by a local court.
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He held that Kyari was being tried by the National Drug Law Enforcement Agency, NDLEA, for drug trafficking.
The judge said, “The AGF could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA.”
He said the law was clear that Kyari, having been arraigned before a court of competent jurisdiction in the country, “shall not be surrendered until such case has been discharged either by his conviction or acquittal”.
As a result, the court dismissed the suit for being incompetent.
Source: Cable