1st July, 2015
Akin Kuponiyi
A Federal High Court sitting in Lagos has granted an extradition application filed by the Federal Government seeking to surrender Mr. Olugbemiga Adebisi to the United States of America for criminal prosecution.
The presiding judge Saliu Saidu granted the extradition application on Wednesday after adjuging that the affidavits tendered by the Attorney General of the Federation in support of the application were credible and valid.
Justice Saidu said he was satisfied that “the US had formally requested for the extradition of the respondent within the requirement of the Extradiction Act Cap E25 Laws of the Federation of Nigeria, 2004.”
He also declared that “the affidavit of Alfred Rubega (a United States Assistant Attorney) was signed before a magistrate judge of the District of New Hampshire, which has not been disputed by the respondent in the case.
“The affidavit was attached to a certificate duly executed from the Department of State of the U.S.A. and the United States Department of Justice and further certified by one David Warmer, an Associate Director, Office of International Affairs Criminal Division, Department of Justice, U.S.A. All these are enough evidence to give credit and validity to the affidavit of Alfred Rubega.”
The AGF had supported the extradition application with “three indictments filed in the US District Court, New Hampshire” against Adebisi.
It was stated that the accused had on July 20, 2006 been charged in the Hampshire court for “access device fraud, receipt of stolen mail matter, aggravated identity theft, fraudulent use of social security number,” all of which were a violation of Title 18, U.S. Code, sections 1029, 1708, 1028A and Title 42, U.S. Code, Section 408(a) 7(b) respectively.
Adebisi was also alleged to have been charged on April 5, 2005 in the Trial Court of Massachusetts, Middlesex County, Concord Distric Court, U.S.
In the said charge, Adebisi was accused of “Larceny over $250, credit card fraud of over $250, forgery of a document, altering false document and identity fraud.”
The offences were said to be a violation of Massachusetts General Law, Chapter 266, Section 30(1), 37(c)(e) and Chapter 267, Section 1 and 5.
Lawyer from the office of AGF, Akintah Ukaeyina, had while canvassing argument in favour of the extradition application, argued that “all that is required for the applicant (AGF) to place before the court is a warrant issued outside Nigeria authorising the arrest of a furgitive criminal and also satisfy the court that the warrant was issued in a country to which the extradition apply.”
The counsel also argued that the offences for which Adebisi is being wanted in the US are also provided for and punishable in the contemplation of Nigerian laws.
However, in opposition, Adebisi, through his lawyer, Mr Toye Latilo, urged the court to reject the extradition application, saying it was only commenced after his client had headed for court to challenge his prolonged detention without being charged to court.
“The respondent was arrested at the Murtala Mohammed International Airport by the Interpol on the basis of a warrant of arrest issued in the United States of America and that since that time to date he has been in the prison custody.
“It was when the respondent applied to enforce his fundamental right that the applicant was prompted to initiate these proceedings before this court.”
Justice Saidu, while authorising Adebisi’s extradition to the U.S., held that “even if there is a problem with exhibit D attached to Alfred Rubega’s affidavit, exhibits A, B and C are enough to extradite the respondent to the U.S.A. to answer to the charges contained in exhibit B with the punishment therein attached as exhibit C.
“I hereby grant the application to extradite Mr. Olugbemiga Adebisi to the U.S.A. as prayed,” the judge said.