A Federal High Court in Abuja has ordered the extradition of a Nigerian, Temitope Seyi Omotade, to the United States to face trial over allegations of wire fraud, mail fraud, conspiracy and aggravated identity theft.
Justice Peter Lifu issued the order while delivering judgment in a suit filed by the Attorney-General of the Federation (AGF), seeking Omotade’s extradition to the United States District Court for the District of Minnesota.
The judge also dismissed Omotade’s bail application, which was filed on September 16, after rejecting his objections to the extradition request.
Omotade is wanted by US authorities over a five-count superseding indictment filed on February 8, 2022, under case number 22-CR-24 SRN/HB.
The charges against him include three counts of mail and wire fraud, conspiracy, aggravated identity theft, and aiding and abetting.
According to the indictment, the alleged mail and wire fraud offences carry maximum prison sentences of 30 years each, while aggravated identity theft attracts a maximum of two years’ imprisonment for each count. The sentences for the identity theft offences are expected to run consecutively to any other sentence imposed.
However, Omotade opposed the extradition request, denying any involvement in the alleged criminal activities.
He maintained that his relationship with an individual identified as Roxanne Gilbert did not involve any criminal conduct or proceeds from illegal digital transactions.
He also challenged the evidence presented by the US authorities, arguing that the documents did not establish his alleged involvement in the offences.
According to him, the evidence lacked blockchain analysis, financial transaction records, chat conversations and video call records that could link him to the alleged crimes.
Omotade further suggested that third parties might have used his identity without his knowledge or consent.
Beyond challenging the allegations, he urged the court to reject his extradition on medical grounds.
He disclosed that he was receiving specialist treatment for hepatic steatosis, commonly known as fatty liver disease, and elevated liver function levels.
He argued that transferring him to the United States and subjecting him to detention could worsen his health condition, insisting that the extradition would be unjust and oppressive.
However, the Attorney-General of the Federation urged the court to approve the extradition, maintaining that the US government had fulfilled all the legal requirements under Nigeria’s Extradition Act.
The Federal Government told the court that the request was supported by diplomatic notes, a sealed indictment, an arrest warrant and other properly certified documents submitted by the US authorities.
It also argued that the offences were neither political nor trivial and that there were no pending criminal proceedings against Omotade in Nigeria over the allegations.
The AGF further assured the court that the United States had provided adequate guarantees regarding the conditions under which the Nigerian would face trial.
In his judgment, Justice Lifu held that the Federal Government had established sufficient legal grounds to warrant Omotade’s extradition.
The judge ruled that the documents and evidence presented by the government satisfied the relevant provisions of the Extradition Act.
On the medical concerns raised by Omotade, Justice Lifu held that the evidence before the court did not establish that his extradition would expose him to serious and unavoidable medical risks or that he would be denied access to adequate healthcare in the United States.
He noted that medical facilities were available in the requesting country and that Omotade had failed to demonstrate that his extradition would be practically 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 judge ruled.
Justice Lifu also dismissed the argument that the statutory restrictions contained in Section 3 of the Extradition Act prevented Omotade’s extradition.
The judge emphasised that extradition proceedings were not meant to determine whether a suspect was guilty or innocent of the allegations before trial.
According to him, the responsibility of the Nigerian court was to determine whether the legal requirements for extradition had been satisfied.
He added that Omotade would have the opportunity to challenge the allegations against him through the legal procedures available in the United States.
“The objections raised by the respondent do not, on the evidence and arguments presented, constitute sufficient grounds for refusing the application,” Justice Lifu held.
Consequently, the court ordered the extradition of Temitope Seyi Omotade to the United States District Court for the District of Minnesota to face trial over the five-count indictment.
The judge also dismissed his bail application.
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