Former National Legal Adviser of the ruling APC, Muiz Banire SAN has advised suspended Deputy Commissioner of Police (DCP), Abba Kyari to submit himself to US authorities if he truly has nothing to hide.
The senior lawyer gave the advice on Monday after a U.S. court indicted Kyari as a conspirator in a $1.1 million fraudulent deal orchestrated by alleged internet fraudster, Ramon Abbas aka Hushpuppi.
The court also issued an arrest warrant against the “super cop”.
Kyari was subsequently suspended by the Police Service Commission (PSC) on the recommendation of the Inspector General of Police, Usman Baba, who launched a probe into his alleged links with the alleged fraudster.
Until his suspension, Kyari was head of the IGP’s Intelligence Response Team (IRT).
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Speaking on Channels Television‘s ‘Sunday Politics’, Banire said that the indictment against the senior police officer was a dent on Nigeria’s image.
However, he said that the accused is still presumed innocent.
“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.”
Continuing, Banire said, “Even at that, I’m not aware of any specific request for extradition now. All that we have learnt so far now is that there is an arrest warrant issued by a court of law in the United States, the implication of which is that the Interpol is supposed to execute it anywhere the officer [Kyari] is found.”
On the possibility of extradition, the former Commissioner for Environment in Lagos 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.”
Banire said that Kyari could turn himself in to Interpol so that he could prove his innocence before the US court and clear his name.
“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.
“So, as far as law is concerned, what is being done is due process,” the senior lawyer said.
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