A Federal High Court in Abuja on Thursday evening refused to grant an ex-parte application seeking to restrain the Nigeria Police and Attorney General of the Federation (AGF) from arresting and extraditing suspended Deputy Commissioner of Police, Abba Kyari.
Justice Ahmed Ramat Mohammed rejected the application filed by the Incorporated Trustees of Northern Peace Foundation.
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The Foundation, through its team of lawyers led by Dr Olukayode Ajulo, had argued an ex-parte application before the judge praying him to grant the temporary order of injunction against the two defendants pending the hearing and final determination of the substantive suit.
The ex-parte application dated August 9 was accomplished with a 21 paragraph affidavit of urgency.
However, after carefully listening to the lawyer, Justice Mohammed refused to grant the request to stop Abba Kyari’s arrest and extradition through ex-parte means.
Read Also: Abba Kyari/Hushpuppi: Investigation Into FBI Fraud Indictment Still Ongoing, Police Say
Rather, Justice Mohammed ordered the counsel to turn the ex-parte motion to motion on notice and serve same on the police and AGF.
The judge also directed the applicant to serve all court processes in respect of the case on the two respondents.
He subsequently fixed September 9 for mention of the case.
DCP Abba Kyari was allegedly indicted by the Federal Bureau of Investigation (FBI) in an alleged multi-million naira advanced fee fraud said to have been perpetrated by a Nigerian citizen, Ramon Olorunwa Abbass popularly known as Hushpuppi.
Background
Kyari, the former Head of the Police Intelligence Response Team (IRT), is being investigated following his indictment by FBI over his alleged relationship with the fraudster Ramon Abbas, popularly known as Hushpuppi.
Officials said in court filings that Hushpuppi disclosed during interrogation that he paid bribes to Nigeria’s police chief, Kyari, to have one of his rivals arrested and jailed in Nigeria following a dispute over a $1.1 million (over N583,300,000) dupe of a Qatari businessperson.
Hushpuppi asked Kyari to arrest and jail a fellow fraudster, Kelly Chibuzor Vincent after both were locked in a dispute presumably over how to share the loot received from the Qatari businessperson.
Vincent subsequently contacted the victim and informed them that they were being scammed by a syndicate involving him and Hushpuppi.
This elicited anger from Hushpuppi, who contacted Kyari to arrest and jail his rival over the dispute. Hushpuppi said Kyari sent pictures of Vincent in jail and subsequently sent a bank account number to him (Hushpuppi) to which a wire transfer should be made having done a ‘good‘ job as sent by Hushpuppi.
However, Kyari had taken to his Facebook page to react to the allegation, claiming he only assisted Hushpuppi to get native clothes and caps worth N300,000.
Read Also: ‘Hushpuppi Asked Us To Help Friend Recover N8m’ — DCP Abba Kyari Says In Edited Facebook Post
Although he admitted to arresting Vincent, he said it was after Hushpuppi alleged that Vincent was threatening his family here in Nigeria.
Kyari denied knowing about the relationship between Hushpuppi and Vincent at the initial stage and later discovered Vincent and Hushpuppi had a misunderstanding over the said amount of money.
He also said he never demanded any money from Hushpuppi, adding that they (Kyari and his team) were focused on saving people who were being threatened.
Read Also: Abba Kyari Collected N8m From Hushpuppi To Detain Chibuzo – FBI
However, the court document proves otherwise, showing clearly that Kyari’s claims were lies and how he was identified while interrogating Hushpuppi.
Also, United States’ Court has issued a warrant of arrest for DCP Abba Kyari, over his role in $1.1 million (N583,300,000) fraud perpetrated by Hushpuppi.
Otis Wright of United States District Court for Central District of California ordered Federal Bureau of Investigation (FBI) to track down Kyari and produce him in the United States.
Reacting, Inspector General of Police ordered his suspension while investigation into the indictment takes place.
Read Also: Breaking: IGP Appoints DCP Tunji Disu To Replace Abba Kyari As IRT Head
On August 2, the IGP appointed a Deputy Commissioner of Police, Tunji Disu, to replace Kyari as the new Head of the Police IRT pending the conclusion of the ongoing investigation.
