Thursday, August 5, 2021 9:51 am
A Nigerian former Chief Justice of the Gambia, Emmanuel Fagbenle, has explained the judicial process that must be undertaken before the extradition of the former Head of Nigeria Police Intelligence Response Team, Abba Kyari and a Yoruba Nation Agitator, Chief Sunday Adeyemo a.k.a Sunday Igboho.
The FBI is demanding the extradition of Kyari to the United States following his indictment in the ongoing prosecution of Nigerian fraudster, Abbas Ramon, popularly known as Huspuppi in that country.
On the other hand, the Nigerian government want the extradition of Igboho to Nigeria from Republic of Benin over allegation of gunrunning and campaigning for division of Nigeria among others.
But Fagbenle who spoke to journalists after delivering a Public Lecture to mark the Law Week of the students of Achievers University Owo, Ondo State said there are judicial process that must be followed in extradition of the two Nigerians.
According to him, extradition has a judicial process between two countries that have treaties entered into the agreement.
He added that the extradition of the two men will not be possible without compliance with proper judicial process.
It is the court pronouncement that could hand them over for extradition, without which their extradition could not be possible.
“Kyari and Igboho would not be extradited as being expected by some people without the completion of judicial procedure in the countries where they currently are.
”We are the product of the common law and the common law justice delivery system. I know that among the countries, there are extradition treaties, which means the judicial process is involved.
” If anybody in another country does anything for which another country seeks that he should come to be tried, the first thing to be done is to set the extradition process in motion.
” Abba Kyari is a Nigerian, he is presently living in Nigeria. So the extradition trial has to be done inside Nigeria. It is only when the Nigerian court approves that he should be extradited to the other country that he could go to the other country under the force of the judicial pronouncement of the Nigerian court.
“That is how it is done. The same thing happens to Sunday Igboho in the Benin Republic. There is no amount of indictment that exists, until you pass through that process and the court has verified that you are a subject of extradition, nobody can extradiction you. That is the protection you have.”