A Federal High Court sitting in Abuja has been warned against granting bail to suspended Deputy Commissioner of Police (DCP) Abba Kyari in his ongoing extradition case.
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, warned on Tuesday that the suspended Deputy Commissioner of Police (DCP), Abba Kyari, could abscond if released on bail.
Malami made this known in a counter affidavit to Kyari’s bail request.
It was in the document that the AGF told the court that Kyari was lying about his medical condition due to the fact that the medical report he had “exhibited” was published three years ago.
The head of the Central Authority Unit (CAU) of the Federal Ministry of Justice, Akutah Ukeyima, said in a written statement in support that the beleaguered officers could face as much as 20 years in prison if they were tried and sentenced in the United States (United States).
Last month, Malami asked the court for an order authorizing Kyari’s surrender to US authorities for prosecution on a criminal charge that is believed to be pending against him.
Before the April 27 set by Judge Inyang Ekwo for the hearing of the extradition request, Kyari requested bail, citing health issues.
But, in his counter affidavit, Malami told the court that there was nothing to show at this time that Kyari still suffers from the condition he claims.
He said: ‘The medical reports attached in support of the respondent’s affidavit are issued in relation to a medical condition which arose in 2019 over three and a half years ago.
“There is no indication that the Respondent still suffers from the same ailment today. “There is no guarantee that the Respondent/Plaintiff will not interfere with the case as he may flee before the outcome of the case. “
The AGF reminded the court that the issue before it was “simply whether or not the Respondent/Applicant should be extradited to stand trial in the United States based on the evidence” before it.
“Plaintiff (Kyari) will skip bail at the slightest opportunity and prevent this honorable court from adjudicating this claim in a fair, judicious and expeditious manner,” AGF said.
The head of the CAU at the Ministry of Justice, Mr Ukeyima, told the court that the documents against Kyari “are so damning”.
He said: ‘This is a felony and a serious offence: conspiracy to commit wire fraud, conspiracy to commit money laundering, aggravated identity theft and complicity. “The maximum sentence for these offenses if convicted in the United States is a maximum of 20 years each, as provided for in various US laws.
“In Nigeria, it is for a term of 10 years with an option of fine or fine and imprisonment. His property and assets, if convicted, are liable to forfeiture under the cybercrime (prohibition, prevention, etc.).
“A cursory review of the extradition request and the affidavit evidence relating to the extradition request shows that the evidence against the applicant is so overwhelming that the court’s discretion should not be exercised in his favor.
Ukeyima added that since extradition cases are purely affidavit evidence cases and don’t really take that long to conclude, the court should deny Kyari’s bail application given the risk. incurred.
Meanwhile, Judge Donatus Okorowo of the Federal High Court in Abuja postponed the hearing to June 14 in a lawsuit brought by a group, the Incorporated Trustees of Northern Peace Foundation (NPF), seeking to prevent Kyari’s extradition.
The group, in the suit, marked: FHC/ABJ/CS/854/2021, argued that extraditing the suspended officer would amount to a violation of his rights.
The parties to the case filed Monday by Kayode Ajulo were absent during his appeal.
Okorowo, who once threatened to strike the lawsuit for lack of diligent prosecution, has adjourned until June 14.