Abubakar Malami (SAN), the Attorney General of the Federation, has said the decision to extradite the disgraced and suspended Deputy Commissioner of Police, Mr Abba Kyari to the United States will be decided by the court.
He said the decision to extradite the Deputy Commissioner of Police to the United States could not be decided by the executive.
He noted that due process would be followed to extradite Kyari following a request by a US court.
Malami revealed this on Thursday during an interview with Voice Of American (VOA), noting that though there is a bilateral agreement between Nigeria and the US, there are guidelines to be followed.
He said, “Yes, we have bilateral agreement between Nigeria and USA on extraditing anyone who commits any offence in any of the countries, be it Nigeria or United States but there are guidelines and the guidelines are when the country writes a letter to the foreign affairs ministry, and the foreign affairs will send to the minister of justice…so the court will give permission for extradition of any one to go and answer some questions in United states based on the allegations.”
He explained that one of the countries can write the other if their citizen commited a crime in the other country, to ask for the extradition of the offender.
“I am not saying Abba Kyari will be extradited but the law will be followed judiciously before taking any action,” he said.
A pre-trial arrest and detention of Abba Kyari, for 10 days has been earlier requested by a United States District Court of California.
The papers filed in US court on April 29, 2021, requesting a 10-day pre-trial detention of Kyari on criminal grounds were signed by Acting US Attorney, Tracy Wilkinson and two other officials.
The documents say, “Plantiff, United States of America, by and through its court of records hereby requests detention of defendant (Abba Kyari) and gives notice of the following factors:
“Pre-trial detention requested (S 3142(e)) because no condition or combination of conditions will reasonably assure:
“a. The appearance of the defendant as required
“b. Safety of any other person and the community.”
