Extradition, of the replaced Deputy Commissioner of Police and Head of the Intelligence Response Team, Abba Kyari, over his indictment by the unsealed court documents of the United States may last longer than expected, if the laws and procedures are followed, a Senior Advocate Nigeria, Mike Ozekhome, has said.
He made this position public while he explained the implication of the indictment to the laws of Nigeria and the Extradition Treaty between Nigeria and the United States of America.
Ozekhome who was on Channels TV programme monitored by our correspondent, on Tuesday, said Nigerians should avert their minds to the extradition battle fought by late Sen. Buruji Kashamu which lasted up to six years and ended with his death.
He said from the point of the law, extradition was not as easy as many social media experts have advocated.
Ozekhome said the extradition law and procedure are detailed and rigorous, hence, demanding input of the magistrate or high court as the case may be, subject to the intervention of the Attorney General of the Federation, who should immediately save the face of Nigeria internationally, by allowing due process determine the action of the government in the extradition of Kyari, the US Court suspect.
He noted that the laws that govern Nigeria, maintained that Kyari remained innocent before the law until otherwise proven, hence, the need to ensure that his rights are not breached in any way.
He explained that “In this very case irrespective of whatever investigations, the FBI may have done, it may be best policemen in the world, that is of no moments when it comes to how DCP Abba Kyari would be handed over to them.
“You must now come back to the Extradition Treaty and the extradition law of Nigeria of 2004, the US government must first make a formal written request through their consular office and ambassador, asking that we want this man back to the US from Nigeria.
“They (US) must state the offence he was alleged to have committed in America; they must attach the certificate of conviction in America; they must state the extract of the law in America which allows extradition and also state that the offence he committed as an offence in the United States of America.
“The Attorney General has a crucial role to play, if they want to save Nigeria’s image, to make Abba Kyari not to be subjected to an unknown procedure, the attorney general is to take over the entire matter, look at the reasons Abba Kyari is being wanted.
“Are they satisfied that he is being wanted not of political reason; not for his religious beliefs; not for his gender, are you satisfy that there are laws there that will grant him fairness; are you satisfied that when he comes in he will just be taken to face the law and not to be put through unnecessary long detention?
“Are you satisfied that the laws which you want to try Abba Kyari will not be one that will subject him to a different body of laws?
When the Attorney General is satisfied with all these, then he can approach a magistrate court or a federal high court judge to say it wanted a warrant of arrest against Abba Kyari and Abba Kyari will be detained.
“He has two weeks (15 days) to extradite Abba Kyari. If the magistrate or Judge has discovered that certain prerequisites that ought to be done, have not been fulfilled, he can refuse to issue the warrant order or Abba Kyari can go to court and disqualify his extradition.
“That is why, if you remember the ground that Sen. Buruji Kashamu’s extradition brouhaha took place for more than five to six years and we were never ever able to extradite him to the United States, that is how the extradition treaty between Nigeria and America is. It is not a new thing,” Ozekhome explained.
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