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Kyari Safe In Nigeria, FBI Can’t Treat Him Like A Common Criminal – Ozekhome

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Human rights activist and constitutional lawyer, Mike Ozekhome (SAN) has declared that the United States can’t just pick up embattled DCP Abba Kyari like a common criminal despite the allegations against him.

According to Ozekhome, Kyari is presumed innocent until proven guilty and section 36 of the Nigerian constitution protects him.

The lawyer made the submission on Tuesday when he spoke on Sunrise Daily, a Channels Television programme.

According to him, despite the treaty between both countries, America can’t just swoop in and arrest a Nigerian citizen in his/her own country without the permission and knowledge of the federal government.

Naija News recalls Kyari has been suspended by the Police Service Commission (PSC) based on the recommendation of the IGP following allegations against him by suspected international fraudster, Ramon Abbas, better known as Hushpuppi.

The celebrated super cop has however denied any wrongdoing.

Speaking on the matter, Ozekhome declared that “The FBI cannot come into Nigeria and pick Abba Kyari like a common criminal and take him away to America, it is not going to happen, it has never happened before. I do not believe it will ever happen. Nigeria is a sovereign state and that must be respected within the boundaries of Nigeria.”

“So if for example, America is not satisfied with the way Nigeria is handling the matter, they can protest or have to call or diplomatic discussions.

“Abba Kyari is safe under Nigeria law, he is entitled to his protection under the constitution of Nigeria, particularly section 36 that presumes his innocence.”

Speaking further, Ozekhome noted that Nigeria’s Attorney-General and Minister of Justice must, first of all, examine the facts of the allegations against Kyari before allowing him to be extradited to the United States for trial.

If satisfied that the allegations against him are enough and his rights won’t be trampled, the AGF can now take further steps on his arrest and other extradition processes.

“The attorney-general is to take over the entire matter; look at the reasons Abba Kyari is being wanted. Are you satisfied that he’s not wanted for a political offence, religious belief, gender? Are you satisfied that laws over there will grant him fair hearing? Are you satisfied that when he comes there, he will not be delayed and promptly tried; he’ll not be put through unnecessary prolonged detention?” he said.

“Are you satisfied that the laws under which we want to try him will not subject him to different genres of laws when you eventually get him there?

“When the attorney is satisfied with all these under section 6, then he approaches the magistrate court or under section 251 of the constitution, he approaches a federal high court to issue a bench warrant or warrant of arrest against Kyari. He will then now be detained. He has within 15 days to now extradite Abba Kyari.

“But if the magistrate or the judge discovers certain prerequisites that ought to be done have not been fulfilled, he can refuse to issue the warrant or Abba Kyari can go to the court and nullify the extradition process,” the lawyer submitted.