A Senior Advocate of Nigeria, Muiz Banire has said the embattled Nigerian super cop Deputy Commissioner of Police, Abba Kyari, can summon the courage to prove his innocence by turning himself in to the Interpol.
This, Muiz said he can do if he is certain that he is innocent of the allegations preferred against him by the United States Attorney’s Office, Central District of California. Recall that an American court had issued an arrest warrant against Abba Kyari for his alleged role in the case of alleged international fraud involving five other persons and running into over $1m.
Speaking on Channels Television’s Sunday Politics, Muiz Banire, an ex-Environment Commissioner in Lagos State, in reaction to DCP Abba Kyari’s suspension said his linkage to Hushpuppi is a dent on the image of the nation. “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. 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”, Banire said.
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On what the law says about the arrest warrant issued by the Central District of California against Abba Kyari, Banire 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”.
In addition, the Senior Advocate said that, based on personal point of view, Abba Kyari could turn himself in to the Interpol if he is sure of his innocence. “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.”
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