Court Stops Extradition Of Nigerian Citizen

A federal high court sitting in Lagos, southwest Nigeria, has rejected the request by the Federal Government of Nigeria to be allowed to extradite  Nigerian Olaniyi Jones to United states of America.

Olaniyi Jones was alleged to have committed criminal offences in the United States before absconding to Nigeria.

The Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, said that in pursuance of the extradition act, a request has been made to Nigeria by a diplomatic representative of the Embassy of the United States of America, Abuja, for the surrender of Olaniyi Jones who is the subject of an indictment, along with six others in the United States district court for the District of New Jersey number 11-CR-299 and filed on the 28 April, 2011 for these offences.  (a ) Conspiracy to commit wire fraud, in violation of 18 United States code section 1349, carrying a maximum penalty of 20 years imprisonment.

Counts two to five state that wire fraud, in violation of 18 United States code sections 1341 and 2 carries a maximum penalty of 20 years imprisonment for each count.

Count 10: conspiracy to commit identity theft, in violation of 18 United States code section 1029 (s ) (7) and 1028 (f ) carries a maximum penalty of five years imprisonment.

In support of the request is an affidavit deposed to by a senior state counsel in the Ministry of Justice, Mr. Akutah Pius Ukenyina, also filed in support of the affidavit is a reply affidavit sworn to by an EFCC operative, Oyalowo Omolola.

Attached as exhibits to the extradition request are certified copy of warrant of arrest issued by the US district court for District of New Jersey, photograph of Olaniyi Jones obtained from his e-mail account, the photograph of Olaniyi Jones describing him as born on 15 February, 1982, in Nigeria. A citizen of the Federal Republic of Nigeria, black male, with black air and brown eyes, approximately 167 centimetres tall and weighting approximately 68 kilogrammes.

However, the counsel to the respondent (Olaniyi Jones), Barrister Akin Olatunji, submitted that it is not just that sufficient evidential materials have been placed before the court to warrant the extradition of the respondent but such evidential materials just satisfy the provision of the evidence act for the court to act upon.

Mr. Olatunji opined that in the instant case, the entire evidence upon which these proceedings for extradition of the respondent is based in affidavit evidence. He argued that the charges exhibited by the state show that it is the same charges for which the respondent is standing trial before the High Court of Ondo State, Akure. Therefore, he contended that the state will lose nothing if the respondent is tried in Nigeria which is a familiar environment to him rather than extradite him to the USA. He urged the court to refuse the application.

In his judgment, the presiding judge, Justice James Isoho said it amounted to falsehood for Akutah Pius to assert that there were no similar criminal charges pending against the respondent in Nigeria. Therefore, this does not only offend the provisions of the Evidence Act, but also section 3 (5) of the Extradition Act, with effect on the competence of the whole application.  It, therefore, uphold the submission of Mr. Olatunji’s counsel to the respondent that anything done contrary to the provision of a statute which authorised a particular act renders such act void and a nullity. I hereby so declare that the applicant’s application for the extradition of the respondent is refused.

Further to that, cognizance is also taken of the provision of sections 7,8, 9 and 10 of Extradition Act to the effect that where a fugitive has been detained for more than two months after his arrest, he should be entitled to the remedy of a discharge. I am in agreement with Olatunji that the respondent in this case having been in detention for longer than two months specified by the Extradition Act should be discharged. I so hold and order accordingly.