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NDLEA Charges May Stall Abba Kyari’s Extradition To US

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…SANs Disagree Over Extradition

The attempt by the Federal Government to extradite embattled Deputy Commissioner of Police, Abba Kyari, may have hit a brick wall as there are pending charges against him before a Federal High Court by the National Drug Law Enforcement Agency.

Kyari has been in NDLEA custody since February 14 for attempting to sell 25kg of cocaine which was seized from some drug dealers. The NDLEA had also accused him of being a drug kingpin.

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The Attorney-General of the Federation, Abubakar Malami (SAN), had in a statement by his Media Aide, Umar Gwandu, on Thursday stated that the Nigerian government was willing to extradite Kyari to the United States where he has been indicted for his role in an international fraud involving notorious scammer, Ramon Abbas aka Ray Hushpuppi.

After thorough studies and reviews of issues regarding the application and components thereof, the office of the Attorney-General of the Federation and Minister of Justice processed the application and forwarded same to the relevant authorities for further necessary action,” the statement read.

However, a few hours later, the NDLEA revealed that it had filed eight counts against Kyari before a Federal High Court on Monday and that Kyari would be arraigned on March 7.

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READ ALSO: Drug Business: Court Declines Abba Kyari’s Bail Application

In a tweet on Thursday, the drug enforcement agency said, “Please note that the charges against Abba Kyari and six others were filed by the NDLEA since Monday, February 28, 2022, the case since assigned to a judge with arraignment fixed for Monday, March 7 at the Federal High Court 8, Abuja.”

A copy of the charge sheet marked FHC/ABJ/CR/57/2022 filed at the Federal High Court in Abuja and signed by NDLEA Director (Prosecution and Legal Services), Joseph Sunday, showed that those charged along with Kyari were an Assistant Commissioner of Police, Sunday Ubua; Assistant Superintendent of Police, Bawa James; Inspector Simon Agirigba; Inspector John Nuhu; Chibuinna Patrick Umeibe and Emeka Alphonsus Ezenwanne.

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In count one, Abba Kyari, ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all of Intelligence Response Team were said to have between January 19 and 25 dealt in 17. 55kg of cocaine and committed and offence contrary to and punishable under section 14 (b) of the National Drug Law Enforcement Agency Act, CAP 30 Laws of the Federation of Nigeria 2004.

One of the counts read, “That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male adults on or about the 19th to 25th January 2022, within the office of the Inspector-General of Intelligence Response Team, Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35kg of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody of the Inspector-General of Police Intelligence Response Team, by removing and disposing 17.55kg of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.”

Another charge reads, “That you DCP Abba Kyari, on or about 25th January 2022, at a restaurant on Port Harcourt Crescent, Area 11, Garki Abuja, within the jurisdiction of the court, attempted to obstruct the Agency and its authorised officers in the exercise of their duties by offering the sum of $61,400.00 USD (sixty-one thousand, four hundred United States of America Dollars) to a senior officer of the Agency as inducement to prevent the testing of the 17.55kg of substance used to replace the cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne and thereby committed an offence contrary to section 23 and punishable under section 49 of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.”

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SANS react

In separate interviews with The PUNCH on Thursday, some Senior Advocates of Nigeria said that the extradition of Kyari could be deterred following the official charges filed against him by the NDLEA.

The senior advocates added that the suspended DCP, if found guilty in Nigeria would have to serve his term before being allowed to leave the country for the US to answer for his crimes

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Mr. Yomi Aliyu (SAN) said, “I think before Christmas of 1931, Great Britain signed an extradition treaty with the US on behalf of Nigeria. The said treaty covers every British colony. Since the crime for which Kyari is wanted in the US as merely an accomplice and more importantly because the crime took place in Nigeria the AGF may decide to charge him to court for the offence in a Nigerian Court.

“It is also an important provision of the law that if the person sought to be extradited is serving terms for another offence in Nigeria or charged for an offence the defendant cannot be extradited until the conclusion of the term or case.

“However, it is not the duty of the AGF to say that the person is facing a charge or that is on trial for another offence. The AGF is to file an application for extradition in Court. It is left for the defendant to raise the defence and when raised, the Judge has discretion to determine whether or not the purported trial is fluke!”

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Also, Mr. Ebun-Olu Adegboruwa (SAN), in an interview with The PUNCH argued that the fresh charges by the NDLEA were part of a plot to shield the suspended DCP from extradition to the US.

Adegboruwa argued that as long as Kyari is facing charges in Nigeria, he cannot be extradited.

According to the learned silk, the Inspector General of Police, Usman Baba had earlier displayed reluctance in the investigation of the cases of corruption Kyari was embellished in.

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There is a belief that the charges filed are a purported conspiracy theory to shield Abba Kyari from extradition. The Inspector General of Police was reluctant in investigating the cases of corruption Kyari was embellished in.

“What we see from the AGF is just part of the widely believed theory. And of course, the fresh charges will prevent him from being extradited. You cannot be extradited when you are answering to fresh charges.”

Police begin dismissal process

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Meanwhile, The PUNCH learnt that the Nigeria Police Force had begun the formal process of dismissing Kyari from the Force. This comes barely a month after the police recommended that Kyari be demoted by one rank for his alleged links to Hushpuppi.

READ ALSO: JUST IN: Detained DCP Abba Kyari Drags FG To Court, Seeks Release From NDLEA Custody

The PUNCH learnt that a query was sent by the police to Kyari and others in NDLEA detention. Recommendations are expected to be forwarded to the Police Service Commission soon after.

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A query was issued to Kyari and others by the police earlier in the week. This is part of the formal process for his eventual dismissal ahead of his prosecution. The Police Service Commission is expected to endorse the report by the police and dismiss him from the Force. Serving policemen cannot be arraigned,” said a security source.

Human rights and Senior Advocate of Nigeria, Dr Mike Ozekhome, SAN has said the charges filed against suspended DCP, Abba Kyari by the National Drug Law Enforcement Agency will put the latter’s extradition process on hold.

Ozekhome who spoke in an interview with The PUNCH said, “Considering the wide powers of the Attorney General of the Federation as stipulated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered), the Hon. Attorney General can exercise his duty to institute an action against Abba Kyari after thorough study and review of the issue regarding the order of arrest by Judge (Otis Wright) of the U.S. District Court.

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“Considering the fact that Section 251 of the Constitution of the Federal Republic of Nigeria, 1999, (as altered) vests the Federal High Court with jurisdiction to the exclusion of all other courts in civil causes and matters connected with or pertaining toextradition. In addition, the court can also ensure a provisional trust warrant for the arrest of a fugitiveaccused of an extradition offence or unlawfully at least after being convicted of an extradition offence without an order of the Attorney General as required under section 6 if the information and evidence presented to him are such that will justify the issue of a warrant if the offence had been committed in the division where he has jurisdiction.”

PUNCH.

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Crime

Nigeria Police Go Tough On LGBT, Vow to Extradite Suspects From Abroad

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By Udiele Mercy

Men of the Nigeria Police Force have arrested two men in a hotel in Benin City for alleged involvement in homosexual activities in contravention of the laws of the State.

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The men whose identities were given as Dele Thompson and Steve Omobeke were reportedly nabbed during a routine raid on suspected black spots of gay activities in the state.

This particular arrest the police authorities say has got some international dimensions as investigations have revealed that the duo has links with some LGBT exponents in Canada and the United States of America.

Although the police gave no details beyond mentioning one Osamudiamen Monday Aimiuwuriamwen said to be mutual sex partner with Dele Thompson and a funding source for their nefarious activities in Nigeria, they however vowed to do everything humanly possible to arrest every member of the illicit sex gang from wherever they are presently.

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READ ALSO: Police Declare Man Wanted Over Homos*xual Act

The police said they have material evidence in the form of pictures and videos obtained from the suspect’s phone, implicating enough for them to prosecute the suspects.

According to the police, “we have photographs and videos extracted from the suspect’s showing where the outlaws in very compromising positions indicative of their involvement.

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“We are surprised that despite efforts by the force and other security agencies to stamp out LGBT practices in the state, many are still indulging in the unholy behavior.”

The command has communicated with the Force Headquarters to activate its extradition agreement with the Interpol to extradite members of the syndicate outside the shores of Nigeria,” said Chidi Nwabuzor, PPRO Edo State Police Command.

Besides the Nigerian State prohibiting same sex relationship through the enactment of the Same Sex Marriage Prohibition Act 2013, the Nigerian society frowns seriously at it to the extent of mobbing suspected LGBT exponents to death when caught in the act.

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The law that prescribed 14 years for convicts is considered too lenient by citizens who often prefer to take the laws into their hands.

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Suspected Gay Men In Trouble As Tradition, Police Hunt Them

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A young man identified as Festus Igbineweka is in serious trouble over his alleged participation in a gay party that went sour at his father’s house on 14 Oguola Road, off Siluko Road Benin City, resulting in his being beatien up along side his partners in crime, causing bodily injuries.

Festus and Osarugue it were allegedly caught in the act kissing and expressing love towards each other, with others including Vincent Obi, Frank Okoli, John Opakunle and Felix Obasuyi who were also having similar fun in their separate room in the same apartment, doing the same thing and later began to have sex on June 30, 2023.

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Eye witness account said that Festus Igbineweka reportedly got entangled with an old gay lover Osarugue Austine Edobor,now at large in an after party sex rump in Oguola, the traditional puritan enclave of the legendary Benin tradition which forbids same sex relationship.

The abominable secret meeting came to the open when Festus’ next-door neighbor Benard Akpata was knocking at the door because he was to drive out of the compound and Festus’s car was blocking the drive way. It was learnt that the renegades behaving to type had put on some loud music in the house to mask the pleasurable sounds from within.

Having knocked severally with no response, the said neighbour Bernard reportedly walked in and saw what was happening and promptly raised an alarm that drew the attention of distraught neighbours who descended on them with clubs and other dangerous weapons and repeatedly shouting, abomination!!!.

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The alarm caused confusion and rage as more persons got attracted to the crime scene and joined in the beating.

The suspects Festus Igbineweka, Vincent Obi, Frank Okoli,Felix Obasuyi and John Opakunle, after the mob attack were handed over to the police by the vigilante group in the area while the rest suspects Osarugue Austine Edobor and Darlington Itoya managed to escape.

The duo of Osarugue and Darlington who
managed to escape the mob attack, took advantage of the power outage that left the house in total darkness.

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Festus and his co travellers including Osarugue,Vincent Obi, Frank Okoli and John Opakunle are also wanted by the Edions (elders) of the area to perform some rituals meant to cleanse the land of the abominable act which can have dire consequences on innocent people if not exorcised.

The gay love birds including those on the run and those arrested are expected to present the atonement items which include, a live spotless white cow, 1000 cowrie shells, seven bottles of red palm oil, 100 pieces of kolanuts, 14 cloves of alligator pepper etc, while the host Fedtus Igbineweka and others arrested are also in the battle of Police prosecution.

Meanwhile, the gay exponents are unable to report the gang beating they suffered in the hand of the natives to the police because their involvement in same sex relationship, is a practice that has been criminalized in Nigeria under the Same Sex Marriage Prohibition Act 2013.

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According to our crime reporter who visited the Ogida Divisional Police Headquarters,the suspects denied involvement in the alleged same-sex practice.

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Police Declare Man Wanted Over Homos*xual Act

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A 50-years old man, Edo Omusi, has been declared wanted by the police in Benin City, the capital of Edo State, for disappearing after being ‘caught’ in a same s*x act in Ogiso community.

A source close to the police in the state, told our correspondent that the suspect, and one of his male friends, whose name was not given, were sighted at an undisclosed location by some youths as they were comitting the act.

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Under Nigerian Laws, any person caught in the gay act is liable to 14 years in prison and if found by the community could be killed.

The duo were said to have been deeply engrossed in the act when they were found but before the person who saw them in the , “sinful and abominable act”, went for back up, they had escaped the location.

The incident which occurred on 25/4/23 at Ogiso area of the town almost threw the community into a turmoil as irate youths welding sticks and cudgels rampaged the community in search of the duo to lynch them.

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It was also learnt that worried by the trend the youths in the community had to set up a surveillance team to monitor his movements. It was on one of the surveillance trips that he was reportedly caught on the fateful day, with the unidentified male partner.

It was gathered since the community reported the incident to the police, the whereabouts of the suspect, Edo Omusi has since remained unknown by all and sundry.

Speaking on the development, a top Police official confirmed the matter and explained that the Crime Investigation Department of the command is working round the clock to arrest the suspect, having declared him a wanted person.

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