A Federal High Court in Abuja has ordered the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami to surrender a Nigerian, Asuquo Mbuotidem Edem to the Republic of Ghana for prosecution in relation to his alleged involvement in robbery and related offences in the West African country.
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Justice Folashade Giwa-Ogunbanjo gave the order in a judgment given in an extradition suit, marked: FHC/ABJ/CS/1456/2019 filed and argued on behalf of the AGF by Akutah Pius Ukeyima of the Federal Ministry of Justice, Abuja.
Edem, against whom a 23-count charge of conspiracy, rape, robbery, money laundering and being in possession of firearms without licence, is said to be pending before a court in Ghana, was alleged to have fled to Nigeria, prompting the Attorney General of Ghana to apply to his Nigerian counterpart for his (Edem’s) extradition.
In the judgment delivered on June 29 this year, a copy of which was sighted on Thursday, Justice Giwa-Ogunbanjo held that the applicant (the AGF) satisfied the necessary legal requirements for the grant of the extradition request.
The judge said she was satisfied that the offences for which Edem was wanted in Ghana were “extraditable offences” under the provision of Order VIII (1)(a) of the Extradition Rules 2015.
She added that the alleged offences are contrary to and punishable under Nigerian law, being similar to the provisions of sections 401, 402, 403(a) and (b), 357, 358 and 516 of the Criminal Code and Section 3 of the Firearms Act Cap F28 LFN 2004.
Justice Giwa-Ogunbanjo said she was equally satisfied that Edem “will not be tried for any offence committed before his surrender, other than the extradition offence; the offences are not of a political character or for punishment as a result of his race, religion or nationality.
“The offences are not trivial in nature, unjust, oppressive or the punishment is too severe for the offences, the punishment for the offences exceeds two years imprisonment and there is no criminal proceedings pending against the respondent (Edem) in Nigeria for the offences for which his extradition is sought.
“In line with the provision of Order VIII(1)(b) of the Extradition Rules 2015 and having hitherto reviewed and evaluated the facts before the court, I am satisfied that there is no bar to the extradition of the respondent under Section 3 of the Extradition Act.
“The respondent has not placed before this court cogent and compelling evidence to sway this court to believe that the respondent’s human rights will be incompatible with extradition and I am therefore satisfied that the extradition of the respondent would be compatible with his human rights.
“In line with the provision of Order VIII(1)(d) of the Extradition Rules and having regard to the circumstances in which the offence was allegedly committed, I am satisfied that request for the extradition of the respondent is not unjust or oppressive or too severe a punishment.
“In view of the foregoing, I find the respondent’s submissions made in support of his counter affidavit thereof lacking in merit. On the contrary, I find the applicant’s application for the extradition of the respondent meritorious.
“Consequently, I hereby grant the applicant’s request for the extradition of the respondent, Asuquo Mbuotidem Edem, and commit the respondent to prison custody to await the order of the Honourable Attorney-General of the Federation for his (Edem’s) surrender to the Republic of Ghana in line with Section 10 of the Extradition Act Cap E25 LFN, 2004,” the judge said.
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