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Abuja-based standard lawyer, Mr. Kayode Ajulo writes that whereas the misery being skilled by embattled Deputy Commissioner of Police Abba Kyari who has been indicted by intercepted communication between him and alleged wire crime fraudster, Mr. Abass Ramon, higher often called, Hushpuppi, just isn’t about to vanish, the USA of America which is searching for Ramon’s extradition should be held to strict adherence to ideas of rule of regulation and due course of
Introduction
There isn’t any doubt that the current pronouncement of the Central District Courtroom of the Central District of California on the July 26, 2021 the place the court docket ordered the extradition and detention of the Commander, Intelligence Response Group (IRT) Division of the Nigeria Police Pressure, Deputy Commissioner of Police Abba Kyari has generated hues and cries from totally different quarters and strata. The air is thick with rage, reactions, reprimand; all types of anathema and diatribe from political pundits, lackeys and authorized minds.
So as to not throw out the newborn with the tub water, it is very important pensively think about the problems at hand viz-a-viz worldwide authorized ideas and protocols.
Corruption as a bane to the Nigerian Society and the USA’ Intervention
At current, Nigeria’s status within the worldwide scene goes for rather less than a penny. The nation has gathered notoriety as a den of 419ers (advance charge fraudsters); a tribe of diabolically refined con-men who’ve made fraudulent actions their preoccupation from which they dwell massive and excessive on fortunes illicitly obtained from different folks.
Sadly, this evil development has discovered its place in our political cycle. The cankerworm/pandemic has eaten too deep into the material of existence of our nice nation. It’s crucial to state pronto that corruption is an endemic sin towards humanity and it’s the root of man’s inhumanity to his fellow man.
Undoubtedly, conventional, ethical and trendy antidotes and measures to combat towards this phenomenon referred to as corruption, haven’t been in a position to eradicate corrupt practices in human society.
It’s with out gainsay because it has been established that President Muhammadu Buhari has pointed the route of Nigerians to the combat towards corruption. Nonetheless, the startling occasions in current occasions have solely proven that the mantra ‘combat towards corruption’ has change into advert nauseam with little to indicate for it.
There isn’t any doubt that the USA of America’s help to Nigeria has sought to bolster peacekeeping capability, improve safety, fight transnational crime, help civilian regulation enforcement and strengthen anti – fraud and cybercrime efforts significantly by the Federal Bureau of Intelligence (FBI) and such efforts should be counseled.
As a corollary, the District Courtroom should even be counseled for guaranteeing that the course of justice is greatest served. Nonetheless, one shouldn’t enable sentiments becloud the clear and unambiguous place of each worldwide and municipal legal guidelines.
The Doctrine of Presumption of Innocence and the Crucial for Discreet Investigation
With out prejudice to the intrigues trailing the moment saga, one should not neglect the doctrine of presumption of innocence which is the bedrock of our legal jurisprudence enshrined in Part 36 (5) of the 1999 Structure of the Federal Republic of Nigeria and apparently relevant in most jurisdiction, the world throughout.
For no matter it’s value, the allegations towards the “Tremendous Cop” are at greatest, ipse dixit with none concrete proof. We speculate quite a bit and it’s no shock the spectators/observers are principally excited. A prima facie case should first be made towards him earlier than the method of extradition might be initiated.
Authorized Mechanisms for Extradition in Nigeria
It’s unequivocal that Nigeria is a sovereign state and a citizen of Nigeria can’t be expelled/extradited from the nation with out strict adherence to the provisions of the Structure and worldwide protocols. What’s extra, the Federal Republic of Nigeria and the USA of America are sure by the provisions of the Extradition Treaty signed with the USA of America on December 22, 1931 (entered into drive on June 24, 1935) together with the Extradition Act of 1966, (Extradition Modification) Order, 2014, Extradition Act (Proceedings) Guidelines, 2015 and different Worldwide Protocols.
For a starter, by the supply of Part 6 of the Extradition Act, a request for the give up of a fugitive legal of any nation shall be made in writing to the Lawyer-Common by a diplomatic consultant or consular officer of that nation and shall be accompanied by a duly authenticated warrant of arrest or certificates of conviction issued in that nation.
Thereafter, the workplace of the Lawyer Common of the Federation must conduct a discreet and thorough investigation into the mentioned allegations and upon the conclusion of identical, if there’s any prima facie case towards DCP Abba Kyari, start extradition processes towards him in a Courtroom of competent of jurisdiction inside the Nigerian Territory and procure an Order of Courtroom earlier than he might be extradited to the USA of America.
Different perdurable posers to reply are:
a. Was the mentioned alleged offences towards DCP Abba Kyari dedicated exterior the territory of the Federal Republic of Nigeria?
b. Is the offence for which DCP Abba Kyari is being charged in the USA an extraditable offence underneath the Extradition Act?
c. Is the offence for which DCP Abba Kyari is being charged acknowledged as an offence punishable underneath the Nigerian Penal Legal guidelines?
d. Whether or not from the mixture of information and proof offered to the Courtroom by the US Particular Prosecutor towards DCP Abba Kyari, there’s any nexus between him and the offence of conspiracy to commit wire fraud and conspiracy to have interaction in cash laundering?
e. Whether or not from the mixture of information and proof offered to the Courtroom by the US Particular Prosecutor, the possible offence for which DCP Abba Kyari could be charged is abuse of workplace which was an act achieved inside the territory of Nigeria and inside the unique imprimatur of the Nigerian authorities, the Police Service Fee and underneath the territorial jurisdiction of a Nigerian court docket?
Conclusion
Whereas this text just isn’t supposed as a cannon fodder for the “Tremendous Cop,” reality be instructed, the supposed ordeal of DCP Abba Kyari (if there’s any) just isn’t a story of unrelieved woe; the current cloud although thick and intimidating, does have a silver lining!
It’s attention-grabbing to notice for the aim of this discourse that the import of this deliberation is that the United State of America’s polity is engraved on the rock of adherence to ideas of rule of regulation and due course of.
The USA of America as the fashionable patriarch and beacon of democracy and standard sovereignty is due to this fact referred to as upon at this important time to make sure that strict adherence to each worldwide and municipal authorized mechanisms are noticed.
Whereas we maintain our fingers crossed within the interim, we must always enable the regulation to take its course.
QUOTE
The workplace of the Lawyer Common of the Federation must conduct a discreet and thorough investigation into the mentioned allegations and upon the conclusion of identical, if there’s any prima facie case towards DCP Abba Kyari, start extradition processes towards him in a Courtroom of competent of jurisdiction inside the Nigerian Territory and procure an Order of Courtroom earlier than he might be extradited to the USA of America
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