Senior advocate of Nigeria (SAN), Mike Ozekhome has expressed that Abba Kyari, deputy commissioner of police, cannot be extradited from Nigeria to the US, even though there is an extradition treaty between both countries.
He stated this while speaking on the matter on Sunrise Daily, a Channels Television programme, on Tuesday.
Ozekhome stated that under section 36 of the constitution, Kyari’s fundamental human rights are protected, and that the officer cannot be treated like a common criminal by the Federal Bureau of Investigation (FBI).
“The FBI cannot come into Nigeria and pick Abba Kyari like a common criminal and take him away to America, it is not going to happen, it has never happened before. I do not believe it will ever happen. Nigeria is a sovereign state and that must be respected within the boundaries of Nigeria,” he said.
“So if for example America is not satisfied with the way Nigeria is handling the matter, they can protest or have call to call or diplomatic discussions.
“Abba Kyari is safe under Nigeria law, he is entitled to his protection under the constitution of Nigeria, particularly section 36 that presumes his innocence.”
The lawyer also said the attorney-general has a role to play in saving the image of the country by stepping into the case and considering the reasons Kyari is wanted.