A lawyer, Johnmary Jideobi, has approached an Abuja Federal High Court, to stop the extradition of Chief Executive Officer of Air Peace, Allen Onyema, to the US over alleged bank fraud and money laundering.
Jideobi is also praying the court to bar the Federal Government from harassing, inviting or arresting Onyema.
Joined in the suit seeking the enforcement of the fundamental human rights of Onyema is the Attorney-General of the Federation, Abubakar Malami.
In the reliefs brought before the court, the lawyer said the Federal Government or any of its agencies “is/are without powers to abridge the fundamental right of Onyema to freedom of movement as donated by Section 35 of the amended 1999 Constitution of the Federal Republic of Nigeria.
“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 to freedom of movement by attempting to forcefully expel and or extradite Onyema 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,” he said.
“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 Onyema through his duly registered companies with other duly registered companies in other jurisdictions especially in the United States of America.
“The Applicant holds the clear belief that the Constitution of Nigeria alongside the extant Fundamental Rights Enforcement Procedure Rules, 2009 empowers him to initiate proactive steps to “protect these highly cherished Fundamental Rights of Onyema now that there is the likelihood that the Federal Government of Nigeria through any of its prosecutorial agencies” may abridge these rights.”
Onyema has since denied the allegation fraud, saying he is ready to clear his name.