Court orders extradition of Nigerian man to US over alleged fraud

A Federal High Court in Abuja has ordered the extradition of a Nigerian, Temitope Omotade, to the U.S. District Court of Minnesota to face his trial over allegations bordering on wire fraud, amongst others.

Justice Peter Lifu, in a judgment, held that the appliance made by the Attorney-General of the Federation was meritorious.

The News Agency of Nigeria stories that the AGF had made the appliance for the extradition of Omotade to the U.S.

He is a suspect in a superseding five-count indictment bordering on 5 counts in case quantity: 22-CR-24 SRN/HB filed on February 8, 2022, on the US District Court.

The offences in counts one, two and three bordered on mail and wire fraud in violation of Title 18 US Code, Sections 1341 and 1343, and 1349, which carry a most penalty of 30 years in jail in every of the counts.

Counts 4 and 5 bordered on aggravated identification theft and aiding and abetting, in violation of Title 18 US Codes, Sections 1028A (a)(1) and a couple of, which carry a most penalty of two years in jail for every depend, consecutive to another time period of imprisonment imposed on the defendant.

In the AGF’s utility, he contended that the request was grounded on an extradition packet and diplomatic notes from the US, together with a sealed indictment from the U.S. District Court for the District of Minnesota and a warrant for Omotade’s arrest.

He argued that every one statutory necessities below the Extradition Act have been met as a result of the offences are non-political, non-trivial, and made in good religion.

He submitted that the Central Authority Unit had established that correct certifications and documentation, together with affidavits from US officers, related statute copies, and passport particulars, accompanied the formal request.

Besides, the AGF stated there have been no pending native felony proceedings in Nigeria towards Omotade for the required offences, and ample assurances relating to non-prejudicial trial circumstances within the US had been secured.

He asserted that the request and accompanying supplies glad all circumstances for the give up of Omotade, who was the only real respondent within the swimsuit marked: FHC/ABJ/CS/494/2024.

The AGF maintained that the authorized procedures complied with the Oaths Act and the Extradition Act, including that the curiosity of justice dictated that the request be granted, “as the respondent is duly accused of the indictments brought against him abroad.”

But Omotade, in his counter affidavit filed by his lawyer, prayed the courtroom to dismiss the swimsuit.

Omotade denied all allegations of mail fraud, wire fraud, conspiracy, and aggravated identification theft, sustaining that his connection to Roxanne Gilbert concerned no felony harmony or digital proceeds.

He contended that the extradition utility lacked substantive proof and statutory backing for a number of causes.

According to him, the supporting paperwork lack any blockchain evaluation, monetary trails, chat histories, or video calls, decreasing the case to mere identification particulars like a passport information web page and airway invoice reasonably than lively culpability, whereas pointing to potential identification theft by third events.

He stated he was below lively specialist medical administration for hepatic steatosis (fatty liver) and elevated liver capabilities, amongst different arguments.

He argued that his give up could be unjust, oppressive and disproportionate given his fragile well being and the bodily rigors of worldwide switch and detention by the EFCC, amongst different arguments.

Delivering the judgment, Justice Lifu held that upon cautious consideration of the affidavits, the documentary proof, the submissions of discovered counsel and the related provisions of the Extradition Act, he was glad that the AGF had established the mandatory foundation for Omotade’s extradition to the United States of America.

The decide noticed that although Omotade cited well being causes in his arguments, he stated the supplies as offered within the document didn’t sufficiently set up that if Omotade surrendered himself, it might expose him to a grave and unavoidable medical consequence, or that the mandatory medical consideration couldn’t be obtained within the requesting nation.

He agreed with the AGF that medical care is obtainable within the US and that Omotade had not discharged the burden of building that the extradition could be virtually unjust or oppressive.

“In the absence of sufficient evidence establishing the asserted degree of risk, I am unable to hold that the respondent’s medical condition, standing alone, constitutes a legal bar to surrender in this case,” the decide stated.

“I have equally considered the other restrictions contained in Section 3 of the Act.”

Justice Lifu, therefore, held that no sufficient material had been established before the court to show that the request was made for the purpose of prosecuting or punishing Omotade on account of his race, religion, nationality, political opinions, “or that any of the other applicable statutory restrictions necessarily precludes his surrender.”

According to him, the purpose of extradition proceedings is not to determine the respondent’s guilt in advance as noted earlier, nor to deprive him of the protections available under the law.

“It is to ensure that a request for surrender is examined judicially and that the person sought is surrendered only where the applicable statutory requirements have been satisfied.

“The respondent will retain the opportunity to contest the allegations against him in accordance with the law and procedure applicable to the criminal proceedings in the requesting country.

“The objections raised by the respondent do not, on the evidence and arguments presented, constitute sufficient grounds for refusing the application.

Accordingly, an order is hereby made extraditing the respondent, Temitope Seyi Omotade, who is a subject in a superseding five-count indictment referred in this case to the United States District Court for the District of Minnesota, United States of America,” he dominated.

The decide additionally dismissed Omotade’s utility for bail filed on September 16.