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The Oracle: Abba Kyari and the Tale of Two Criminal Jurisdictions (Pt. 2)

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By Mike Ozekhome

INTRODUCTION

Last week, we commenced our discourse on this festering matter. Our conclusion is that Abba Kyari cannot be extradited to the US for as long as his trial is pending before the Federal High Court in Abuja. Let us see some circumstances under which a citizen of Nigeria may not be surrendered for the purpose of extradition.

A fugitive criminal shall also not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, whether in Nigeria or elsewhere, such fugitive has been convicted of the offence for which his surrender is sought; or has been acquitted thereof, and that, he is not unlawfully at large.

Similarly, a fugitive criminal shall also not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.

In the same vein, by virtue section 3(6) of the Act, a fugitive who has been charged with an offence under the laws of Nigeria or any part thereof, not being the offence for which his surrender is sought, or who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.

The last two scenarios pointed above are apposite in Abba Kyari’s case. He is now standing trial under the NDLEA criminal charge. The extradition request must therefore await the outcome of this trial by the Federal High Court, Abuja.

A fugitive criminal shall also not be Surrendered to any country unless the Attorney-General is satisfied that provision is made by the law of that country, or that special arrangements have been made, such that, so long as the fugitive has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried in that country for any offence committed before his surrender other than any extradition offence which may be proved by the facts on which his surrender is granted. Has Abubakar Malami ensured this? Let him tell Nigerians if the US may not try Abba Kyari for another offence different from his alleged offence with Hushpuppi.

THE EXTRADITION HEARING

If at the end of thirty days from the day of the arrest, no order was received from the Attorney General, the fugitive offender must be released. There must be a hearing in order to determine if the fugitive ought to be extradited or otherwise. The magistrate is free to receive evidence that proves that the offence for which the fugitive is wanted is not an extradition offence; or any evidence that proves that his extradition is prohibited either under the act or under any relevant extradition agreement. The Court in Udeozor V. FRN, (supra), in stating the purpose of a hearing in extradition proceedings held thus:

“The purpose of a hearing which is in fact purely at the discretion of the Attorney General is not to ask the fugitive criminal if he desires to be extradited. That will be ridiculous. The purpose is to determine whether the requisition made shows sufficient cause to warrant extradition… to hold otherwise will be ridiculous…… “The purpose of the hearing in a trial court upon the application Hon. Attorney General is not for the trial of the fugitive criminal. Rather, it is to invoke the exercise of the judicial powers of the court over the fugitive accused as the court would over an accused person standing trial before it…”

HOW EXTRADITION REQUEST IS MADE

By virtue of Section 6(1) of the Extradition Act of Nigeria, a request for the surrender of a fugitive criminal in Nigeria must be made in writing to the Attorney General of the federation by a diplomatic representative of the requesting state and this should be accompanied by a duly authenticated warrant of arrest in the case of a fugitive criminal accused of an extraditable offence; and where the fugitive has been convicted of an extraditable offence, the written request must be accompanied by certificate of conviction issued in the requesting country. It should be noted that the essence of attaching a warrant of arrest or a certificate of conviction is to prevent frivolous requests that have no basis supporting the request. It is also important as it helps to prove that there exist sufficient facts necessitating the request for extradition. Where an extradition request has been received by the Attorney General, it is required that on the basis of the information available to him, he is obliged to decide if the surrender is precluded by any of the provisions of Section 3(1) to (8) for the refusal of extradition request. The Magistrate, under section 8 has powers to remand the fugitive, or grant him bail; or cancel a warrant and release a fugitive; as if he was trying the fugitive for an offence committed within his jurisdiction.

Consequently, if the surrender of a fugitive criminal is not precluded by the provisions of that section, he is to inform a magistrate that an extradition request has been received by him and thus require the magistrate to deal with the case in accordance with the provisions of the Act. However, where the extradition of a fugitive criminal is precluded by the provisions of section 3(1) to (7), then he need not inform the magistrate of the receipt of any such request.

From the above provisions, it is fundamental to note that the authority conferred on the Attorney General to determine if an application is competent in relation to section 3 cannot be contested. It is only when the request has been transferred to the magistrate that the judicial process of inquiring into the case and the competence of the request can be begun. However, where the Attorney General decides that the request is precluded by section 3, then nothing can be done about it. It must be reiterated that in the process of extradition, the powers of the Attorney General are wide; but limited once he approaches a Magistrate, who thereby become dominus litis.

THE PENDING NDLEA CHARGE AND ABBA KYARI: THE NEXUS

Abba Kyari NDLEA’s pending charge before the Federal High Court has definitely put the whole extradition process on hold if the court decides to remand him pending the determination of the suit against him.

It is also important to emphasis that while the matter is pending in court, Abba Kyari is presumed innocent until proven guilty as contained in Section 36 (5) provides that:
“every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty”.

This is also sanctioned by Article 1(1) of the UDHR, 1948; Article 14 of the International Convention on Civil and Political Rights, 1966; and Article 7(b) of the African Charter on Human and Peoples’ Rights Cap A9, LFN, 2004. Presumption of innocence is the golden thread that runs through our criminal justice system. See the case of The King v. Richardson & Anor (1985) Leach 387; Woolmington v. DPP (1935) AC- 462; Ali v. State (2012) 190 NWLR (Pt 1309) 642;

Even if the Federal High Court were to give its judgment against Abba Kyari, he is still entitled to appeal such a judgment at the Court of Appeal, and even further to the Supreme Court.

Section 3(6) of the Extradition Act makes it clear that 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, shall not be surrendered until such time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise. As stated above, the NDLEA has filed an eight count charge against Abba Kyari and six others for their alleged involvement in drug trafficking, barely 24 hours after the Attorney-General filed an application for the extradition of Kyari. It is important to note that Abubakar Malami, SAN, the Attorney-General of the Federation, is also the Minister of Justice. By virtue of Section 2(1) (f) of the NDLEA ACT, the Federal Ministry of Justice, headed by Abubakar Malami, SAN, has a representative in the Board/composition of the NDLEA. So, now that he is aware of the NDLEA charge, can the Chief Law Officer of the Federation consent to the prosecution of someone whose application for extradition is pending? What is the legal implication of this?

The case of A.G FED v. JONES (2017) LPELR-43551(CA), is worth considering. Though, the case was decided under Section 3(5) of the Extradition Act, some key observations made by the learned Justices of the Court of Appeal are worth noting. The Appellant (A.G. Fed) had filed an application before the trial court seeking to extradite the Respondent on a diplomatic request from the United States of America on indictment, in Case No.11-CR0299, filed on the 28th day of April, 2011, for the offences of conspiracy to commit wired fraud and conspiracy to commit identity theft all in violation of US Laws. The Application was duly supported by an affidavit and exhibits, which inter alia, included a certified true copy of the indictment issued against the Respondents; certified true copy of the warrant of arrest issued by the US District Court for the arrest of the Respondent; and a photograph of the Respondent. The Respondent contested the proceedings, contending that the application was incompetent because as at the time of the application, there was an existing charge at the Akure High Court on charges similar to those he was being sought to be extradited to face in the United States of America. The Appellant contended that as at the time the application for extradition was ripe for hearing, the existing charge had already been withdrawn. The trial Court disagreed and found against the Appellant and discharged the Respondent.

The Appellant being dissatisfied with the judgment filed an appeal in the Court of Appeal. The Court of Appeal was emphatic that the main thrust of the appeal failed. It was consequently dismissed. Abimbola Osarugue Obaseki-Adejumo, JCA, concurring with the lead judgment, held at page 26, that:

“… The provision of Section 3(5) of the Extradition Act is clear and unambiguous. It states: “A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought…”

Regarding the uncoordinated role the Attorney-General played with the EFCC, Yargata Byenchit Nimpar, J.C.A. (delivering the Lead judgment) held that:
“The issue is not the timely withdrawal of the pending charges because the statutory requirement is that no proceedings should be pending when the application for extradition is made. The point of filing the application a decision was taken by the Attorney General to want to surrender the fugitive…”

As is provided in Section 3(6) of the Extradition Act and in line with the above judgment, a person such as Abba Kyari, who is charged with any offence not being the offence for which his surrender is sought, shall not be surrendered until such time as he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise. The statutory requirement is that no extradition proceedings for Kyari’s surrender should be going on until such time as he has either been discharged acquitted or convicted. By his actions, the Attorney-General of the Federation appears to be stalling, tacitly, the extradition of Abba Kyari, by allowing or consenting to the prosecution of Kyari for his alleged involvement in drug trafficking simultaneously as the pendency of an application for his extradition by the same Attorney-General. Since the court will assume jurisdiction on the criminal matter the moment Kyari is arraigned and his plea taken, the Attorney-General of the Federation still has the time to quietly back-off before the criminal court assumes jurisdiction and await the court’s decision. It is more honourable to do so.

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Opinion

The State of Leadership Today: A Look at Global, African and Nigerian Realities

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By Tolulope A. Adegoke PhD

“Leadership for our age is measured not by the height of the throne, but by the depth of its roots in integrity, the breadth of its embrace of collective talent, and the courage to cultivate systems that bear fruit for generations yet unseen” – Tolulope A. Adegoke, PhD.

Leadership today is at a crossroad. Around the world, in our communities, and within our organizations, old ways of leading are straining under new pressures. This isn’t just a theoretical discussion; it’s about the quality of our daily lives, the success of our businesses, and the future of our nations. Let’s walk through the current trends, understand their very real impacts, and then explore practical, hands-on solutions that can unlock a better future for everyone.

Part 1: The Leadership Landscape – Where We Stand

The Global Picture: Beyond the Solo Leader

The image of the all-powerful, decisive leader at the top of a pyramid is fading. Today, effective leadership looks different. It’s more about empathy and service than authority. People expect their leaders—in companies and governments—to be authentic, to listen, and to foster teams where everyone feels safe to contribute. Furthermore, leadership is now tightly linked to purpose and responsibility. It’s no longer just about profits or power; stakeholders demand action on climate, fair treatment of workers, and ethical governance. Leaders must also be tech-savvy guides, helping their people navigate constant digital change while dealing with unpredictable global events that disrupt even the best-laid plans.

Africa’s Dynamic Challenge: Youth and Promise

Africa’s story is one of incredible potential meeting stubborn challenges. The continent is young, energetic, and full of innovative spirit. Yet, this tremendous asset often feels untapped. Too frequently, a gap exists between this rising generation and established leadership structures, leading to frustration. While the African Continental Free Trade Area (AfCFTA) presents a historic chance for economic unity, it requires leaders who think beyond their own borders. At the same time, democratic progress sometimes stalls, with leaders clinging to power. The most pragmatic leaders are those who engage with the vibrant informal economy—the hustlers, market traders, and artisans—who form the backbone of daily life and hold the key to inclusive growth.

Nigeria’s Pressing Reality: Crisis and Resilience

In Nigeria, the leadership experience often feels like moving from one emergency to the next. Attention is consumed by immediate crises—security threats, economic swings, infrastructure breakdowns—making long-term planning difficult. This has triggered a profound loss of confidence, visibly seen in the “Japa” phenomenon, where skilled professionals leave seeking stability and opportunity abroad. This brain drain is a direct critique of the system. Politics remains deeply influenced by ethnic and regional loyalties, which can overshadow competence and national vision. Yet, in the face of these trials, a remarkable spirit of entrepreneurial resilience shines through. Nigeria’s business people and tech innovators are daily solving problems and creating value, often compensating for wider systemic failures.

Part 2: The Real-World Impact – How This Affects Us All

These trends are not abstract; they touch lives, businesses, and countries in tangible ways.

·         On Everyday People: When leadership is perceived as self-serving or ineffective, trust evaporates. People feel anxious about the future and disconnected from their leaders. This can manifest as cynicism, social unrest, or the difficult decision to emigrate. The struggle to find good jobs, feel secure, and build a future becomes harder, deepening inequalities.

·         On Companies and Organizations: Businesses operate in a tough space. They face a war for talent, competing to retain skilled employees who have global options. They must also navigate unpredictable policies, provide their own power and security, and balance profitability with rising demands for social responsibility. The burden of operating in a challenging environment increases costs and risk.

·         On Nations: Countries plagued by poor governance face a competitiveness crisis. They struggle to attract the kind of long-term investment that builds economies. Policy becomes unstable, changing with political winds, which scares off investors and stalls development. Ultimately, this can destabilize not just one nation but entire regions, as problems like insecurity and migration spill across borders.

Part 3: A Practical Pathway Forward – Building Leadership That Delivers

The situation is complex, but it is not hopeless. Turning things around requires deliberate, concrete actions focused on systems, not just individuals.

1. Fortify Institutions with Transparency and Merit.

We must build systems so strong that they work regardless of who is in charge.

·         Action: Legally protect key institutions—the electoral body, the civil service, the courts—from political interference. Appointments must be based on proven competence and integrity, not connections.

·         Action: Implement technology-driven transparency. Let citizens track government budgets and projects in real time through public online portals. Sunshine is the best disinfectant.

2. Bridge the Gap Between Leaders and the Led.

Leadership must become a conversation, not a monologue.

·         Action: Create mandatory Youth Advisory Councils at all levels of government and in large corporations. Give young people a formal platform to contribute ideas and hold leaders accountable on issues like education, digital innovation, and job creation.

·         Action: Leaders must adopt regular, unscripted “town hall” meetings and use simple digital platforms to explain decisions and gather feedback directly from citizens and employees.

3. Channel Entrepreneurship into National Solutions.

Harness the proven problem-solving power of the private sector.

·         Action: Establish Public-Private Impact Partnerships. For example, the government can partner with tech companies to roll out digital identity systems or with agribusinesses to build modern farm-to-market logistics. Clear rules and shared goals are key.

·         Action: Launch National Challenge Funds that invite entrepreneurs and researchers to compete to solve specific national problems, like local clean energy solutions or affordable healthcare diagnostics, with funding and market access as the prize.

4. Redeploy Nigeria’s Greatest Export: Its Diaspora.

Turn the brain drain into a brain gain.

·         Action: Create a Diaspora Knowledge & Investment Bureau. This agency would actively connect Nigerians abroad with opportunities to mentor, invest in startups, or take up short-term expert roles in Nigerian institutions, transferring vital skills and capital.

·         Action: Offer tangible incentives, like tax breaks or matching funds, for diaspora-led investments in critical sectors like healthcare, renewable energy, and vocational training.

5. Cultivate a New Mindset in Every Citizen.

Ultimately, the culture of leadership starts with us.

·         Action: Integrate ethics, civic responsibility, and critical thinking into the core curriculum of every school. Leadership development begins in the classroom.

·         Action: Celebrate and reward “Local Champions”—the honest councilor, the community organizer, the business owner who trains apprentices. We must honor integrity and service in our everyday circles to reshape our collective expectations.

Conclusion: The Work of Building Together

The challenge before us is not to find a single heroic leader. It is to participate in building a better system of leadership. This means championing institutions that work, demanding transparency in our spaces, mentoring someone younger, and holding ourselves to high ethical standards in our own roles.

For Nigeria and Africa, the possibility of a brighter future is not a dream; it is a choice. It is the choice to move from complaining about leaders to building leadership. It is the choice to value competence over connection, to seek common ground over division, and to invest in the long-term health of our community. This work is hard and requires patience, but by taking these practical steps—starting today and in our own spheres—we lay the foundation for a tomorrow defined by promise, stability, and shared success. The power to deliver that possibility lies not in one person’s hands, but in our collective will to act.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.comglobalstageimpacts@gmail.com

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Opinion

Globacom Redefines Standard for Telecoms in 2026

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By Michael Abimboye

As always, Globacom is at the heart of telecoms transformation in Nigeria. The acquisition of additional spectrum, is a decisive move that has expanded network capacity and fundamentally improved customer experience.

With the ability to carry significantly higher data volumes at greater speeds, users are seeing faster downloads, stronger uploads, seamless video streaming, and clearer voice calls even at peak periods. Crucially, this expansion has driven down latency. Independent performance testing has ranked Glo as the network with the lowest latency in Nigeria, meaning faster response times whenever data commands are initiated.

This spectrum advantage is being matched on the ground by the rollout of thousands of new LTE sites nationwide. Network capacity has increased pan-Nigeria, with noticeably higher download speeds across regions. At the same time, the installation of thousands of additional towers is easing congestion and closing coverage gaps, particularly in high-density locations such as markets and tertiary institutions, where demand for fast, reliable internet is highest.

Power reliability, often the silent determinant of network quality, is also being reengineered. Globacom has deployed hybrid battery power systems across numerous sites, reducing dependence on diesel while improving sustainability. Beyond cost efficiency, this greener model delivers stronger uptime ensuring uninterrupted power supply and optimal performance for base stations and switching centres.

Behind the scenes, Glo has upgraded its switching systems and data centres to accommodate rising traffic volumes nationwide. These upgrades are designed not only for today’s demand but to ensure the network consistently meets performance KPIs well into the future, even as data consumption continues to grow.

Equally significant is the massive reconstruction and expansion of Globacom’s optic fibre cable (OFC) network. Along highways and metro routes affected by road construction, fibre routes are being reconstructed and relocated to safeguard service continuity. Thousands of kilometres of new fibre have also been rolled out nationwide, fortifying the OFC backbone, improving redundancy, reducing network glitches, and enabling the network to handle increasingly heavy data loads with resilience.

These investments collectively address long-standing coverage gaps while driving densification and capacity enhancement in already active areas, ensuring a more balanced and reliable national footprint.

At the core layer, Globacom is modernising its network elements through new platforms and applications, upgraded enterprise and interconnect billing systems, and an expanding roster of roaming partners for both in-roaming and out-roaming services strengthening its integration into the global telecoms ecosystem.

Taken together, these are not incremental upgrades. They represent a deliberate, system-wide repositioning.

In 2026, Globacom is not just improving its network; it is asserting itself as the technical leader in Nigeria’s telecommunications industry and has gone on a spending spree to satisfy the millions of subscribers enjoying seamless connectivity across Nigeria.

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Opinion

How GLO Sustains Everyday Businesses in Kano, Nigeria’s Centre of Commerce

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By Dr Sani Sa’idu Baba

For more than two weeks, Kano woke up under a veil of fog. Not the poetic kind, but the stubborn Harmattan fog that dulls vision, slows movement, and disrupts daily rhythm. Dawn arrived quietly. Shops opened late. Calls failed repeatedly. Internet bars blinked on and off like uncertain promises. Across the state, one reality became impossible to ignore: communication had become a struggle. This reality carried even greater weight in the capital of Kano, the centre of commerce in Nigeria.

As Ramadan approaches and gradually leads to the celebration of Eid-el-Fitr, everyone understands what this season represents. It is a period when online businesses, both big and small, become a major source of livelihood for millions. Traders prepare for peak demand, online vendors scale up advertising, and buyers from across the country look to Kano for goods. Visitors stream in from other states, transactions multiply, and the success of this entire commercial ecosystem depends heavily on one thing: seamless network connectivity between buyers and sellers.
In Kano, where business breathes through phone calls, alerts, and instant messages, poor network is not just inconvenient, it is costly. Calling became difficult. Browsing the internet felt like a battle. For many, it meant frustration. For others, it meant loss.

As these challenges persisted day after day, conversations across the city began to take a clear and consistent direction. In homes, offices, and markets, a new conversation began to dominate discussions. A brother of mine, deeply involved in the communication business at Farm Center Market, the largest hub for telecom activity in Kano shared his amazement. Day after day, customers walked up to data vendors with one clear, confident request: “Glo data.” Not alternatives. Not experiments. Just Glo, he said. At first, it seemed puzzling. If you were already on Glo, you might not even notice the difference. But for those struggling on other networks, the contrast was undeniable. In the middle of foggy mornings and unstable signals, Glo stood firm.

And soon, the conversation spread everywhere. At tea junctions in the early hours, as people warmed their hands around cups of shayi, discussions circled around how Glo “held up” when others disappeared. In university classrooms, students whispered comparisons before lectures began, who could download materials, who could submit assignments, and which network actually worked. More strikingly, Glo users quietly turned their phones into lifelines, sharing hotspots with classmates so others could access lecture notes, submit assignments, and stay connected. At sports viewing centres, between goals and missed chances, fans debated networks with the same passion as football rivalries. In markets, traders told customers how Glo saved their day. In every gathering of people across Kano, Glo became the reference point. The reason was simple: Glo had saved businesses.

Consider the POS operator by the roadside. Every successful transaction that attracts him/her ₦100 here, ₦200 there is survival. Failed transfers mean angry customers and lost income. During these fog-heavy days, many operators would have been stranded. But where Glo bars stayed strong, withdrawals went through, alerts dropped, and trust preserved.

Picture a roadside trader making her first sale of the day through a simple WhatsApp call, her voice steady as she confirms an order that will set the tone for her business. Nearby, an online vendor advertises products in WhatsApp groups, responds to messages, takes calls from interested buyers, and confirms deliveries, all in real time. Behind every one of these small but significant transactions is reliable connectivity. Delivery riders weaving through traffic and racing against time also depend on uninterrupted network access to reach customers, confirm payments, and complete orders. In moments when other networks struggled, Glo quietly kept these wheels of commerce turning, ensuring that daily hustle did not grind to a halt. Beyond the busy streets of the city, the impact of this reliability becomes even more profound in remote villages in Kano.

Back in Kano city, rising transportation costs have reshaped the way people work. Many professionals have had no choice but to adapt, turning their homes into offices and relying heavily on the internet to stay productive. Many now attend virtual meetings, send large files, collaborate remotely, and meet deadlines without leaving their homes. In a period marked by economic pressure and uncertainty, dependable internet is no longer a convenience, it is a necessity. In these conditions, Glo continues to provide the stability that keeps work moving forward.

At this point, Glo stops being seen merely as a telecommunications company. It emerges as the invisible backbone of the Nigerian hustle, supporting the determination and resilience of everyday people. From POS operators and online merchants to students, delivery services, market traders, and remote workers who refuse to give up, Glo remains present in the background, quietly powering their efforts. In tough terrains, harsh weather, and challenging times, when other networks fluctuate or fade, Glo stays connected.

You may not always hear it announce itself loudly, and you may not notice it when everything is working smoothly. But when a single call saves a business, when one alert prevents a financial loss, and when one stable connection keeps a dream alive, Glo proves its value, not as noise or empty promises, but as consistent reliability and lived experience. And that is how quietly, consistently, and powerfully Glo continues to power Nigeria’s everyday businesses, sustaining dreams and survival UNLIMITEDLY…

Dr. Baba writes from Kano, and can reached via drssbaba@yahoo.com

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