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Lawyer Olusegun Bamgbose, national coordinator, Concerned Advocates for Good Governance, CAGG, told the Police Services Board, PSC, that there was nothing abnormal, inappropriate, strange or wrong. illegal for the US court to make an order to arrest a non-US citizen.
The lead attorney argued that it was in order for the US Court to order the arrest of suspended Deputy Police Commissioner Abba Kyari and extradite him to stand trial abroad.
Recall that the PSC had said over the weekend that it was strange that the United States Court could order the arrest of a non-citizen residing in Nigeria, claiming that Nigeria is a sovereign state with its laws and its legal systems which must be respected.
FBI Report: Police Board Supports Abba Kyari Investigation, Approves Suspension
The Commission further requested the Federation Attorney General’s Office to intervene in the case and provide guidance on what to do since the Commission is the legal body empowered to discipline errant police officers.
But speaking to DAILY POST on Monday evening, Bamgbose noted that there are two ways to justify the legality of Abba Kyari’s extradition, including the fact that there is an international Nigerian extradition treaty with the states. -United.
He explained that “the treaty applicable to Nigeria was signed on December 22, 1931, entered into force on June 24, 1935. The relevant section according to the Abba Kyari case is Article 3 (22) which has to do with the corruption, defined as the offering, giving or receiving of bribes.
“This treaty stipulates that a person found in one country to be tried must be surrendered to another country to be tried and punished. The process is regulated by a treaty.
Giving the second reason, he noted that there are certain circumstances in which the United States can apply domestic laws abroad. “In essence, the United States can give extraterritorial effect involving certain specified cases that cover this case,” he informed.
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“Indeed, extraterritorial jurisdiction, as the concept is known, is increasingly used by the United States to prosecute both American citizens living and working abroad, as well as foreign nationals who have no connection with the United States. In RTR Nabisco, Inc. v The European Community 136, S.Ct. 2090 (2016), the Supreme Court unanimously ruled that Racketeer Influenced and Corrupt Organization (RICO) could apply to criminal actions involving taking place outside the United States.
“The summary of it all is that the order of the United States District Court in California is in good standing. The Abba Kyari DCP should not be abandoned by the federal government, however. He is one of the best bodies Nigeria has ever produced.
“I have consulted about three notable law firms in the United States to give me legal advice on what can be done to defend Abba Kyari in a formidable manner. We cannot abandon it without a fight. Now is not the best time to crucify Abba Kyari but to find a way out.
“The federal government should find a diplomatic way to solve the problem. The rules must be respected. Abba Kyari is considered innocent until proven guilty, ”said the lawyer.
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