Malami cautions court against bail for Kyari

Written by on April 5, 2022

Attorney-General of the Federation (AGF) and Justice Minister Abubakar Malami has cautioned a Federal High Court (FHC) in Abuja against granting bail to suspended Deputy Commissioner of Police (DCP) Abba Kyari in his ongoing extradition case.

Malami,  in a counter-affidavit to the bail application by Kyari., said the embattled officer could abscond if his request was granted.

Head, Central Authority Unit (CAU) of the Federal Ministry of Justice, Akutah Ukeyima, said in a supporting written address, that the embattled officers could face no less than  20 years in jail if tried and convicted in the United States (US).

In his affidavit, the AGF  told the court that Kyari was being untruthful about his health going by the fact that the medical report he ‘parades’ was issued three years ago.

Malami had last month applied to the court for an order permitting the surrender of Kyari to the  US authorities for prosecution over a criminal indictment said to be pending against him.

Before the April 27 fixed by Justice Inyang Ekwo for the hearing of the extradition application, Kyari applied for bail, claiming ill-health.

But, in his counter-affidavit, Malami told the court there was nothing to show at the moment that Kyari still suffers the ailment he claims.

The AGF reminded the court that the issue before it was “  simply to determine whether or not the respondent/applicant should be extradited to face trial in the US based on the evidence” before it.


“The applicant  (Kyari) will jump bail at the slightest opportunity and will frustrate this honourable court from determining this application justly, judiciously and speedily,” the AGF said.

The Head of   CAU in the Justice Ministry, Mr Ukeyima,  told the court that the documents against Kyari   “are so overwhelming.”

Ukeyima added that since extradition cases are purely affidavit evidence cases and may not really require a lengthy time to conclude, the court should refuse Kyari’s application for bail in view of the risk involved.

Meanwhile, Justice Donatus Okorowo of the Federal High Court in Abuja has rescheduled the hearing for June 14 in a suit by a group, the Incorporated Trustees of Northern Peace Foundation (NPF), seeking to stop Kyari’s extradition.

The group, in the suit, marked: FHC/ABJ/CS/854/2021, argued that extradition of the suspended officer would amount to a violation of his rights.

Parties to the case filed on Monday by Kayode Ajulo were absent when it was called.

Okorowo, who had once threatened to strike out the suit for lack of diligent prosecution,  adjourned till June 14.

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