A former Legal Officer of the All Progressives Congress (APC), Muiz Banire said this while peaking on Channels Television’s Sunday Politics programme.
DCP, Abba Kyari has been dared to to submit himself to INTERPOL if he is certain that he's innocent.
A former Legal Officer of the All Progressives Congress (APC), Muiz Banire said this while speaking on Channels Television’s Sunday Politics programme.
According to him, Abba Kyari’s indictment is a dent on Nigeria’s global image.
“Certainly, it is a dent on the image of the country, but we are handling the issue very well so far.
“What is going on is an internal investigation of the matter and, until a prima facie case is established against the officer, he is still presumed innocent,” he said.
Recall we had reported that the Police Service Commission (PSC) had on Sunday announced the suspension of Abba Kyari pending the outcome of investigations into allegations linking him with the infamous fraudster, Ramon Abbas, alias Hushpuppi.
According to US Court documents, Hushpuppi had claimed that he bribed Nigeria’s celebrated police chief Abba Kyari.
Officials said in court filings that Hushpuppi disclosed during interrogation that he paid bribes to Abba Kyari to have one of his rivals arrested and jailed in Nigeria following a dispute over a $1.1 million dupe of a Qatari businessperson.
“Kyari is a highly decorated deputy commissioner of the Nigeria Police Force who is alleged to have arranged for Vincent to be arrested and jailed at Abbas’ behest,” the FBI wrote, citing an affidavit.
“Kyari also allegedly sent Abbas bank account details for an account into which Abbas could deposit payment for Vincent’s arrest and imprisonment.”
Following the allegation, Court documents disclosed that Otis Wright of the United States District Court for the Central District of California ordered the Federal Bureau of Investigation (FBI) to arrest Kyari and produce him in the United States for his role in a multi-million dollar fraud.
Banire stated that he is not aware if the US wants extradition, adding that he is only aware of an arrest warrant issued by a court of law in the United States.
According to the former Lagos Commissioner of Environment, the implication of the arrest warrant is that Interpol is supposed to execute it anywhere the officer [Kyari] is found.
On what the law says about the arrest warrant issued by the Central District of California against Kyari, Banire said, “He is wanted in the United States for the purpose of prosecution, but then, before a Nigerian citizen can be extradited, there are processes to be followed.
“Although the law is neither here nor there, I know that there is this 1967 Legal Notice that is often relied upon by the Office of Attorney General of the Federation when it comes to the issue of extradition between Nigeria and the United States.
“However, some of us believe that Section 12 of the Nigerian Constitution will certainly override that particular Legal Notice and, for that, it cannot be said that there is an extradition treaty that is enforceable between Nigeria and the United States.
“But be that as it may, my expectation is that, before we can even go to that level, the preliminary investigation as it is about to be done is necessary for us to establish a prima facie case before we can trigger the process of any extradition.”
“In my point of view, morally speaking, in allegation of this nature, there is nothing wrong, particularly if the officer is sure of himself, to even turn himself in; because, so far, there is no complications in the matter, and there is nothing wrong in running there to say, ‘Look, I want to clear my reputation.’
“So, beyond the investigation being done by the government, he can also avail of himself of the opportunity that is already afforded,” he added.