The judge, Inyang Ekwo, said Mr Malami was responsible for the failure of the case by instituting the extradition proceedings despite the pending criminal case against Mr Kyari in Nigeria.
Earlier this year, the American government request the extradition of Mr Kyari to face charges filed against him and other co-defendants in the US last year.Delivering judgement in the case, on Monday, the judge, Mr Ekwo, held that there is a subsisting criminal case against Mr Kyari at the Federal High Court in Abuja.
Relying on the provisions of Section 3 of the Extradition Act, the judge said the law “preserves the integrity of the municipal laws of the country from which a request is made for the surrendering of a fugitive criminal.”“The applicant, being the Attorney-General of the Federation, is in a position to know that Mr Kyari is standing trial on offences bordering on the provisions of the NDLEA Act, and ought not to have brought this application.
“The request is directed to undermine the crackdown on various crime gangs by the respondent in Nigeria and internationally and has political undertone. “The Respondent has undergone administrative inquiry, which is still ongoing and has not been completed to date on the same matter.” In a court document, the AGF said his office “was in receipt of Extradition request vide a diplomatic channel for the extradition of the respondent fugitive wanted to stand trial in the USA.The federal government’s lawyer argued that Mr Kyari’s separate, ongoing trial for drug trafficking in Nigeria would not stop the court from approving his extradition.
On March 14, the judge, Emeka Nwite, also of the Federal High Court in Abuja, turned down the bail application filed by Mr Kyari and others.Earlier, the Diplomatic Representative of the U.S. Embassy in Abuja had, in its request to Mr Malami, noted that a warrant for Mr Kyari’s arrest, issued by a U.S. District Court “remains valid and executable to apprehend Kyari.
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