The Federal High Court in Abuja has ordered the extradition of a Nigerian, Temitope Seyi Omotade, to the United States to face trial over alleged wire fraud, mail fraud, conspiracy and aggravated identity theft.
Justice Peter Lifu gave the order while delivering judgment in a suit filed by the Attorney-General of the Federation (AGF), who sought Omotade’s extradition to the United States District Court for the District of Minnesota.
The case followed a superseding five-count indictment filed on Feb. 8, 2022, in the US District Court.
The first three counts bordered on mail fraud, wire fraud and conspiracy, offences punishable by up to 30 years’ imprisonment each under relevant US laws.
The remaining two counts involved aggravated identity theft and aiding and abetting, each carrying a maximum sentence of two years’ imprisonment, to run consecutively to any other prison term imposed.
In his application, the AGF argued that the extradition request was supported by diplomatic notes, a sealed indictment, an arrest warrant and other relevant documents submitted by the US authorities.
He maintained that the offences were non-political and met the statutory requirements under Nigeria’s Extradition Act. He also told the court that there were no pending criminal proceedings against Omotade in Nigeria over the offences.
However, Omotade opposed the application, urging the court to dismiss the suit.
In his counter-affidavit, he denied involvement in mail fraud, wire fraud, conspiracy and aggravated identity theft, insisting that his dealings with one Roxanne Gilbert involved no criminal conduct or proceeds from digital transactions.
He also challenged the evidence presented by the prosecution, arguing that the supporting documents contained no blockchain analysis, financial transaction records, chat histories or video calls to establish his alleged involvement.
Omotade further cited his medical condition, including hepatic steatosis (fatty liver) and elevated liver function, arguing that his extradition would be unjust and oppressive given his health challenges and the physical demands of international transfer and detention.
Delivering judgment, Justice Lifu held that the AGF had established sufficient legal grounds for the extradition request after considering the affidavits, documentary evidence, legal submissions and relevant provisions of the Extradition Act.
On the medical argument, the judge said the evidence before the court did not establish that extradition would expose Omotade to grave and unavoidable medical consequences or that adequate treatment would be unavailable in the US.
He held that Omotade had failed to demonstrate that his medical condition constituted a legal barrier to his extradition.
The judge also found no sufficient evidence that the request was intended to prosecute or punish him on account of his race, religion, nationality or political opinions, or that any other statutory restriction prevented his surrender.
Justice Lifu stressed that extradition proceedings were not intended to determine the guilt or innocence of the person sought but to establish whether the legal requirements for surrender had been satisfied.
He added that Omotade would have the opportunity to challenge the allegations against him in accordance with the laws and procedures applicable in the US.
The judge consequently ordered his extradition to the United States District Court for the District of Minnesota and dismissed his bail application filed on Sept. 16.