QUADRI SALIU
Mr Muiz Banire, a Senior Advocate of Nigeria, has challenged the embattled Inspector General of Police Intelligence Response Team (IRT), Deputy Commissioner of Police, Abba Kyari, to surrender himself to the United States Interpol for investigation if he is sure of his innocence in the allegation levelled against him over Abbas Ramon aka Hushpuppi financial fraud.
Kyari is currently on suspension, pending the outcome of the DIG Egbunike, led Special Investigation Panel.
The American court consequently issued an arrest warrant against Kyari for his alleged role in the case of alleged international fraud involving five other persons.
However, Mr Banire, a former Commissioner for the environment in Lagos state while speaking on Channels Television ‘Sunday Politics’ programme, said, “A criminal complaint and an indictment contain allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.”
“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 is found”.
“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 (Force headquarters) government, he can also avail himself of the opportunity that is already afforded. So, as far as the law is concerned, what is being done is due process.”
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“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.
It will be recalled that the Police Service Commission on Sunday issued a statement signed by its Head of Public Relations, Ikechukwu Ani, saying the decision to suspend Kyari was conveyed in a letter signed by a retired justice of the Supreme Court, Justice Clara Ogunbiyi.
Regarding the SIP, Banire said, “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.
A criminal complaint and an indictment contain allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.”
The three-count indictment charges contained in the Department of Justice statement said the six persons indicted in an international scheme to Defraud Qatari School Founder and then Launder over $1 Million in Illicit Proceeds, had Kyari’s name among them.
