The Federal High Court in Abuja has ordered the extradition of Temitope Seyi Omotade, a Nigerian, to the United States to face trial over allegations of mail fraud, wire fraud and identity theft.
Justice Peter Lifu gave the order in a judgment granting an application by the Attorney-General of the Federation (AGF), who sought Omotade’s extradition to the US District Court for the District of Minnesota.
The case is based on a five-count indictment filed on February 8, 2022, accusing Omotade of mail fraud, wire fraud, conspiracy and aggravated identity theft.
According to the indictment, counts one to three relate to mail fraud, wire fraud and conspiracy to commit the offences. Each count carries a maximum prison sentence of 30 years under US law.
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Counts four and five relate to aggravated identity theft and aiding and abetting the offence. Each carries a maximum prison sentence of two years, to be served consecutively to any other prison term imposed.
In his application, the AGF told the court that the US government had submitted the required extradition documents, including diplomatic notes, a sealed indictment, an arrest warrant and affidavits from US officials.
He argued that the request met the requirements of the Extradition Act, noting that the alleged offences were not political and that there were no pending criminal proceedings against Omotade in Nigeria over the same allegations.
The AGF also told the court that the US had provided assurances concerning the conditions under which Omotade would be tried.
However, Omotade opposed the application and asked the court to dismiss the extradition request.
He denied the allegations of mail fraud, wire fraud, conspiracy and aggravated identity theft, arguing that his association with an individual identified as Roxanne Gilbert did not involve any criminal agreement or proceeds from illegal transactions.
He also challenged the evidence submitted by the US authorities, saying it contained no blockchain analysis, financial transaction records, chat histories or video calls linking him to the alleged offences.
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According to him, the documents relied mainly on identification records, including his passport details and an airway bill, which he argued did not establish his involvement in the alleged crimes.
Omotade also told the court that he was receiving specialist treatment for fatty liver disease and elevated liver function. He argued that extradition could worsen his condition and expose him to medical risks.
Delivering judgment, Justice Lifu held that the AGF had established the legal basis for the extradition request through the documents and evidence presented before the court.
On Omotade’s health concerns, the judge said the medical records did not establish that extradition would expose him to serious and unavoidable medical risks or that the required treatment would be unavailable in the US.
The judge also held that there was no sufficient evidence that the extradition request was intended to prosecute or punish Omotade because of his race, religion, nationality or political beliefs.
Justice Lifu said extradition proceedings were not meant to determine whether a person was guilty of the offences alleged against him.
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He explained that the court’s responsibility was to determine whether the requesting country had met the legal requirements for extradition before ordering the person’s surrender.
The judge added that Omotade would have the opportunity to challenge the allegations against him under the laws and procedures governing criminal proceedings in the US.
He consequently ordered Omotade’s extradition to the US District Court for the District of Minnesota and dismissed his bail application filed on September 16.
The order allows Omotade to be surrendered to the US to face trial but does not amount to a conviction on the allegations against him.
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