The application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act.
The AGF said the application followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja.
The request is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment”
The AGF said he was satisfied that the offence in respect of which Kyari’s surrender is not political nor is it trivial.
The AGF also expressed satisfaction that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.
He said Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.
The AGF said having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him.
Malami said he was also satisfied that Kyari has been accused of the offence for which his surrender is sought.
He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.
Recall that in April 2021, a jury filed an indictment against Kyari with the approval of the U.S. District Court and demanded Kyari stand trial for conspiracy to commit wire fraud, money laundering and identity theft.
Consequently, the US Embassy requested for Kyari’s extradition saying, “On April 29, 2021, based on the indictment filed by the grand jury and with the approval of the United States District Court for the Central District of California, a deputy clerk of the court issued a warrant of arrest for Kyari.
“The arrest warrant remains valid and executable to apprehend Kyari for the crimes with which he is charged in the indictment.
“Kyari is wanted to stand trial in the United States for conspiracy to commit wire fraud and money laundering, and identity theft.
“Kyari is the subject of an indictment in case Number 2:21-cr-00203 (also referred to as 2:21-MJ-00760 and 2:21-CR-00203-RGK), filed April 29, 2021, in the United States District Court for the Central District of California.”
Kyari was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi to commit the crime.
The charges against Kyari reads, “Count one: Conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, carrying a maximum term of imprisonment of 20 years;
“Count two: Conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h), carrying a maximum term of imprisonment of 20 years.
“Count three: Aggravated identity theft, and aiding and abetting that offence, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2(a), carrying a maximum term of imprisonment of two years.