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The Federal High Court in Abuja has ordered the extradition of Temitope Seyi Omotade to the United States to face trial over allegations of mail fraud, wire fraud, conspiracy and aggravated identity theft.
Justice Peter Lifu gave the order while ruling on an extradition application filed by the Attorney-General of the Federation (AGF) on behalf of the US government.
The News Agency of Nigeria (NAN) reports that Omotade is wanted by the US District Court for the District of Minnesota over a five-count indictment filed on February 8, 2022.
The charges include three counts of alleged mail fraud, wire fraud and conspiracy, as well as two counts of aggravated identity theft and aiding and abetting.
The first three offences, under Sections 1341, 1343 and 1349 of Title 18 of the US Code, carry a maximum penalty of 30 years’ imprisonment each.
The remaining charges, under Sections 1028A(a)(1) and 2, attract a maximum of two years’ imprisonment each, to run consecutively to any other sentence imposed.
In its application, the Federal Government told the court that the US extradition request was supported by diplomatic notes, a sealed indictment, an arrest warrant and other relevant documents.
The AGF argued that the request satisfied the requirements of the Extradition Act, adding that the offences were not political in nature and that the application was made in good faith.
The government also stated that there were no pending criminal proceedings against Omotade in Nigeria over the alleged offences and that necessary assurances concerning his trial in the US had been obtained.
However, Omotade opposed the request, denying involvement in the alleged fraudulent activities.
In his counter-affidavit, he disputed the allegations involving his relationship with Roxanne Gilbert, insisting that their dealings did not involve criminal conduct or proceeds from digital transactions.
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He also questioned the evidence supporting the extradition request, arguing that the documents did not include blockchain analysis, financial records, chat histories or video calls linking him to the alleged offences.
Omotade further raised concerns about his health, telling the court that he was receiving specialist treatment for hepatic steatosis, commonly known as fatty liver, and elevated liver function levels.
He argued that his medical condition made extradition potentially unjust and oppressive.
Delivering his judgment, Justice Lifu held that the Federal Government had established sufficient grounds for Omotade’s extradition.
On the health concerns, the judge said the evidence presented did not establish that the respondent would face grave and unavoidable medical consequences if transferred to the US.
He also held that Omotade had not demonstrated that the necessary medical treatment would be unavailable in the requesting country.
The judge further found no sufficient evidence that the extradition request was intended to prosecute or punish him because of his race, religion, nationality or political opinions.
Lifu explained that extradition proceedings were not meant to determine the guilt or innocence of the person sought but to establish whether the legal requirements for surrender had been met.
He added that Omotade would have the opportunity to defend himself against the allegations in accordance with the laws and procedures applicable in the US.
The judge consequently ordered his extradition to the US District Court for the District of Minnesota.
He also dismissed Omotade’s bail application filed on September 16.
