A Federal High Court in Lagos has granted an extradition application filed by the Federal Government seeking to surrender one Mr. Olugbemiga Adebisi to the United States of America for criminal prosecution. Justice Saliu Saidu granted the extradition application on Tuesday after adjudging that the affidavits tendered by the Attorney General of the Federation in support of the application were credible and valid.
Saidu said he was satisfied that “the US had formally requested for the extradition of the respondent within the requirement of the Extradition Act Cap E25 Laws of the Federation of Nigeria, 2004.”
The judge also held 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.
“And this affidavit was only attached to a certificate duly executed from the Department of State of the U.S.A. and the United State 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.”
According to the ruling, a copy of which was obtained by Punch correspondent on Wednesday, 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 accuse 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 said 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, uttering false document and identify 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 for the 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 fugitive 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.
-Punch
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