26th November, 2019
A constitutional lawyer, Mr Johnmary Jideobi, has approached the Federal High Court in Abuja, to resist any extradition request against the Chief Executive Officer (CEO) of Air Peace, Mr Allen Onyema, based on his alleged indictment in the United States of America.
The Applicant prayed the court to declare that on the strength of decided case laws in the country, neither FG nor any of its agencies with prosecutorial powers could process an extradition request against Onyema.
The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, was cited as the sole Respondent in the suit marked FHC/ABJ/CS/1446/2019.
Specifically, the Applicant is seeking a declaration “that the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein is/are without powers to abridge the fundamental right of ALLEN IFECHUKWU ATHAN ONYEMA, Esq. to freedom of movement as donated by Section 35 of the amended 1999 Constitution of the Federal Republic of Nigeria.
“A declaration of this Honourable Court that on the authority of Diamond Bank PLC vs. Opara (2018) LPELR-43907(SC) the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein cannot derogate from the constitutional right of ALLEN IFECHUKWU ATHAN ONYEMA, Esq. to freedom of movement by attempting to forcefully expel and or extradite ALLEN him from the shores of the Federal Republic of Nigeria to any other country of the world for the purposes of any criminal trial whose substance arose from underlying civil aviation contracts.
“A declaration of this Honourable Court that on the authority of Diamond Bank PLC vs. Opara (2018) LPELR-43907(SC) the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein cannot give effect to any extradition request from any country of the world in so far as the ingredients or constituent facts of the indictment and or charges underlying the said request are traceable to or related with or arose from diverse civil aviation contracts entered into by ALLEN IFECHUKWU ATHAN ONYEMA, Esq. through his duly registered companies with other duly registered companies in other jurisdictions especially in the United States of America.
“An order of this Honourable Court perpetually barring the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein either by themselves, their servants, privies, assigns or any other person or authority acting either in concert with them, on their behalf or under them from giving effect to any extradition request from any country of the world in so far as the ingredients or constituent facts of the indictment and or charges underlying the said request are traceable to or related with or arose from diverse civil aviation contracts entered into by ALLEN IFECHUKWU ATHAN ONYEMA, Esq. through his duly registered companies with other duly registered companies in other jurisdictions especially in the United States of America.
“An order of this Honourable Court perpetually barring the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein either by themselves, their servants, privies, assigns or any other person or authority acting either in concert with them, on their behalf or under them from attempting to use or seeking to use harass, threaten to arrest, inviting and or arresting the Applicant in relation with the civil contract he mutually entered into through his duly registered companies with other aviation companies especially in the United States of America or anything connected thereto.
“An order of this Honourable Court barring the Federal Government of Nigeria and or any of its agencies with prosecutorial powers as represented by the Respondent herein either by themselves, their servants, privies, assigns or any other person or authority acting either in concert with them, on their behalf or under them from giving effect to any extradition request from any country of the world especially the United States of America anchored on Exhibit US1 or any other indictment or charges reflecting in substance similar facts as contained in the said Exhibit US1”.
In a 6-paragraphed affidavit that was deposed in support of the suit by one Martins Okoye, the Applicant told the court that he is from the same state with Onyema and had known him as a reputable businessman in the aviation sector over the years.
He maintained the Onyema’s right to freedom would be endangered if reliefs in the suit are not granted in the interest of justice.