Barrister Olusegun Bamgbose, National Coordinator, Concerned Advocates for Good Governance, CAGG, has told the Police Service Commission, PSC, that it is not unlawful for the United States’ court to make an order for the arrest of Abba Kyari, a non-citizen of America.
The senior lawyer maintained that it was in order for the US Court to order the arrest of the suspended Deputy Commissioner of Police, Abba Kyari, and extradite him to face judgment abroad.
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Recall that the PSC had over the weekend said that it was strange that the United States Court could order the arrest of a non-citizen resident in Nigeria, saying that Nigeria is a sovereign state with its laws and justice systems which should be respected.
The Commission further called on the Office of the Attorney General of the Federation to intervene in the issue and guide on what to do since the Commission is the legal body empowered to discipline erring police officers.
Bamgbose noted that there are two ways to justify the lawfulness of the extradition of Abba Kyari which include the fact that there is in force Nigeria International Extradition Treaty with the United States, he told DAILY POST on Monday evening.
He explained that “the treaty applicable to Nigeria was signed on December 22, 1931, came to force on June 24, 1935. The relevant section as per the Abba Kyari case is Article 3(22) which has to do with bribery, defined to be the offering, giving, or receiving of bribes.
“This treaty mandates that a person found in one country for trial should be surrendered to another country for trial and punishment. The process is regulated by a treaty.”
Giving the second reason, he noted that there are certain circumstances in which the United States may apply domestic laws abroad. “In essence, the United States may give an extraterritorial effect involving certain specified cases which cover the present case,” he informed.
“Indeed, extraterritorial jurisdiction, as the concept is known, is increasingly used by the United States to prosecute both US citizens living and working abroad, as well as foreign nationals who have no connection with the United States. In the case of RTR Nabisco, Inc. vs The European Community 136, S.Ct.2090(2016), the Supreme Court held unanimously that Racketeer Influenced and Corrupt Organisation(RICO) could apply to criminal actions occurring outside the United States.
“The summary of it all is that the order by United States District Court in California is in order. DCP Abba Kyari should not, however, be abandoned by the Federal Government. He is one of the finest corps Nigeria has ever produced.
“I have consulted with about three notable law firms in the United States to give me a legal opinion on what can be done to formidably defend Abba Kyari. We can’t give him up without a fight. This is not the best time to crucify Abba Kyari but to find a way out.
“The Federal Government should find a diplomatic way to resolve the issue. The rules must be followed. Abba Kyari is deemed innocent until proven guilty,” the lawyer said.