Saturday, November 7, 2026

How Abba Kyari’s case with NDLEA could stall his extradition to U.S.

In any case, the Honourable Attorney-General can play a huge role in ensuring that substantial justice is done in both matters.

• February 15, 2022
Abba Kyari
Abba Kyari

Abba Kyari’s case with the National Drug Law Enforcement Agency (NDLEA) may hinder his extradition to the United States if the agency decides to prosecute him for his alleged involvement in the Brazil-Ethiopia-Nigeria drugs ring and deal to compromise 25-kilogram of cocaine in the custody of the NDLEA. Recall that Kyari was declared wanted in the United States in August 2021 for being a conspirator with Hushpuppi in a $1.1 million deal to defraud a Qatari businessman.

Section 3(6) of the Extradition Act of 1966 clearly provides that: A fugitive criminal-

(a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or

(b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall NOT be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.

The simple interpretation of the above provision of the law in respect to this case is that any extradition application made against Abba Kyari shall be rejected if the NDLEA decides to charge him with an offence, under Nigerian law, other than the offence for which his surrender is sought in the US i.e. the crime he allegedly committed in connection with Hushpuppi.

While it is desirable that the NDLEA gets to the root of this drug cartel matter involving Abba Kyari by ensuring that those found wanting after thorough investigation are charged before a competent court of record, such an action will only succeed in hindering and frustrating his (Kyari’s) extradition.

The law remains that no individual can be successfully extradited from Nigeria to any other country if a criminal proceeding, different from the fugitive’s extradition’s crime,  is pending in a Nigerian court.

In any case, the Honourable Attorney-General can play a huge role in ensuring that substantial justice is done in both matters. Even where the NDLEA goes ahead to prosecute Kyari for his drug-related crimes, the Attorney-General has enormous powers under Section 174(1)(c) of the 1999 Constitution of the Federal Republic of Nigeria to discontinue the criminal proceeding, at any stage before judgement, to give way for his extradition proceedings.

Festus Ogun is a Lagos-based lawyer and human rights activist: festusogunlaw@gmail.com.

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Nigerian Bar Association

States

Independence: NBA urges Nigerians to expect better future

The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Nicholas Ba’amlong

States

Plateau records 724 surgeries, treats 17,603 patients in free medical outreach

The commissioner said no death was recorded throughout the outreach.

Idi Maiha

Agriculture

FG urges veterinarians to improve animal healthcare delivery

The project coordinator said the hospitals were established to bring quality veterinary services closer to livestock farmers.

Governor Lucky Aiyedatiwa

States

Aiyedatiwa tasks aides to mobilise one million votes for Tinubu in 2027

Mr Aiyedatiwa gave the charge on Friday while addressing his senior special assistants and special assistants.