Nigeria's Attorney-General and Minister of Justice, Abubakar Malami, filed the extradition proceedings against Mr Kyari, seeking the court's approval to surrender him to the United States government.
A federal court in Abuja, on Thursday, granted a request by Abba Kyari, the detained deputy commissioner of police, to file more evidence to challenge a suit by the Nigerian government seeking to extradite him to United States of America to face fraud charges.
Nigeria's Attorney-General and Minister of Justice, Abubakar Malami, filed the extradition proceedings against Mr Kyari, seeking the court's approval to surrender him to the United States government.
Mr Kyari is wanted by the American government over pending fraud charges filed against him and others at the Central District Court of Central District of California.
U.S. prosecutors accuse him of complicity in the $1.1million international fraud spearheaded by Abbas Ramon, popularly known as Hushpuppi, a former Nigerian Instagram celebrity, who now awaits sentencing after pleading guilty to the scam and other criminal financial activities.
Thursday's proceedings
At Thursday's court session, the judge, Inyang Ekwo, granted the request of Mr Kyari made through his lead counsel, Nureni Jimoh, in a motion on notice.
Mr Jimoh, while arguing the application, asked the court to allow Mr Kyari to bring additional documentary exhibits to establish his innocence in the charges against him.
But, the federal government's lawyer, Pius Akuta, opposed the request.
Mr Akuta based his opposition on the grounds that it was an attempt to cure deficiencies in the earlier documentary evidence presented by Mr Kyari.
However, in a short ruling, Mr Ekwo rejected the objection, and granted Mr Kyari permission to furnish the court further documentary exhibits to strengthen his defence.
The judge said that the court would have ample opportunity to determine the probate value to be attached to the additional evidence.
Subsequently, the suit was adjourned until June 3 for a definite hearing in the extradition suit.
Background
The suit is seeking to extradite Mr Kyari at the request of the American government to face trial in his indictment in Internet fraud masterminded by Hushpoppi.
The federal government seeks to extradite Mr Kyari to the U.S. to face trial over his alleged link to Hushpuppi.
The suit, titled: "Application for the Extradition of Abba Kyari to the U.S.," was dated and filed on March 2.
Mr Kyari was the head of the Inspector-General of Police' Special Intelligence Response Team (IRT).
The application was filed under the Extradition Act, as part of the Nigerian government's approval of the request by the U. S. for Mr Kyari's extradition.
Meanwhile, Mr Kyari, while on suspension over his alleged roles in the Hushpuppi case, was indicted by the National Drug Law Enforcement Agency (NDLEA) in a 25kg cocaine deal earlier this year.
The formerly celebrated police officer and four members of his police unit, who are being held at the Kuje Correctional Centre in Abuja, pleaded not guilty to the drug-related charges.
But two other men -Chibuna Umeibe and Emeka Ezenwanne- accused of importing the illegal drug into Nigeria through the Akanu Ibiam International Airport, Enugu, in January, have pleaded guilty.
On March 14, 2022, the judge, Emeka Nwite, also of the Federal High Court in Abuja, turned down the bail application filed by Mr Kyari and others.
Concerns over extradition
Concerns have swelled in legal circles that the cocaine charges may scuttle the extradition proceedings initiated against Mr Kyari.
The concerns are anchored on Section 3 (6) of the Extradition Act, which prohibits the extradition of a fugitive standing trial on different criminal charges in Nigeria.
The part of the Extradition Act reads, "(A) A fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or
"(B) Who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise."
Recently asked by journalists to address the seeming contradiction of pressing criminal charges against Mr Kyari in Nigeria and seeking to extradite him to the U.S. at the same time, the Attorney-General of the Federation, Abubakar Malami, merely said there was no confusion over the two cases.
Mr Malami did not address the more important issue of the likelihood of the court dismissing the extradition proceedings once Mr Kyari's legal defence team is able to show the court that the police officer is still facing charges in Nigeria.
In his application for extradition application filed in court, Mr Malami only said there were no criminal proceedings pending against Mr Kyari in Nigeria on the same offences he was being sought for in the U.S.
Mr Malami's lack of clarity on the likely impact the Extradition Act may have on the move to surrender the suspect to the U.S. continues to fuel speculations that the extradition proceedings were programmed to fail to enable the police officer to remain in Nigeria where his trial on cocaine charges can drag on for many years.
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U.S. extradition request
Earlier, the Diplomatic Representative of the U.S. Embassy in Abuja had in its request to Mr Malami, noted that a warrant for Mr Kyari's arrest issued by a U.S. District Court "remains valid and executable to apprehend Kyari."
According to the request, "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."
Mr Kyari, along with five other defendants, face three charges of conspiracy to commit wire fraud, money laundering and identity theft.
U.S. Federal Bureau of Investigation (FBI) alleged that Mr Kyari and co-conspirators were part of a scheme spearheaded by Hushpuppi to defraud a businessperson in Qatar between November 2019 and April 2020.
