The Muhammadu Buhari-led administration had requested the court to grant Kyari’s extradition so he could stand prosecution for his alleged involvement with Ramon Abbas, also known as Hushpuppi, a well-known internet fraudster.

Justice Inyang Ekwo’s ruling on Monday stated that the extradition request made by the Federal Government through the office of Attorney-General of the Federation and Minister of Justice Abubakar Malami was “incompetent and bereft of merit.”

According to the judge, Malami ought to be aware that the Extradition Act, forbade the surrendering of a defendant that is already facing trial before a competent court in the country.

He wondered why the AGF approached the court with the extradition application when he was equally the one that issued FIAT to the National Drug Law Enforcement (NDLEA) to prosecute DCP Kyari on drug related charges.

Justice Ekwo said that AGF Malami could not say that he was not aware of the pending proceeding against the defendant which was entered against him by the NDLEA.

Justice Ekwo said that AGF Malami could not claim ignorance of the NDLEA’s entry against the defendant and the ongoing legal action against him.

According to him, the law is crystal clear that Kyari “must not be surrendered until such case has been discharged either by his conviction or acquittal” after being docked before a court of competent jurisdiction in the country.

As a result, the court held that the extradition request was invalid and should be dismissed.