By Ikechukwu Nnochiri
ABUJA – Justice Evoh Chukwu of the Federal High Court
sitting in Abuja, yesterday, handed-off the extradition case
against the former Managing Director and Chief Executive
Officer of the Nigeria Security, Minting and Printing
Company, NSMPC, Mr. Ehidiamhen Okoyomon.
The trial Judge, who earlier ordered the federal
government to within 30 days, extradite Okoyomon to the
United Kingdom to face corruption charges pending against
him there, said yesterday that he was constrained to hands-
off the matter since a higher court is now seized of the
facts.
Consequently, he yesterday adjourned further hearing on the
matter sine-die (indefinitely).
The ruling of the court
followed an application
for stay of execution,
which Okoyomon filed
before the Abuja
Division of the Court of
Appeal.
Okoyomon had gone
before the appellate
court to challenge his
planned extradition to
the UK, saying
he should be allowed to
stand trial in Nigeria.
A District Court in the UK had issued a warrant of arrest
against Okoyomon who was declared wanted over his
alleged complicity in a bribery scam that involved officials of
the Central Bank of Nigeria, the NSMPC and Securency
International Pty of Australia.
The Attorney General of the Federation and Minister of
Justice in Nigeria, Mohammed Bello Adoke, SAN, told the
Federal High Court that the said crime was allegedly
committed between 2006 and 2008.
Meantime, on the strength of the extradition application and
the accompanying proof-of-evidence that was adduced
before the court by the AGF, Justice Chukwu ordered that he
should be repatriated to the UK.
The plea of the ex-Mint boss to be allowed to face his trial in
Nigeria was refused by the court which observed that he is
equally a British citizen.
Justice Chukwu further noted that the accused person, all
through his submissions, made no attempt to refute the
corruption charge that is pending against him in the UK,
even as the court ordered that he should remain in prison
custody until the extradition process is perfected.
Specifically, the court held that the 1931 Extradition Treaty
between United Kingdom and America became applicable to
Nigeria in 1935, hence “it is an existing law based on the
meaning of Section 12(1) of the 1999 Constitution”.
The judge maintained that the London Scheme on
Extradition was duly domesticated in the country by virtue of
Section 12 of the Constitution.
Among exhibits the court admitted into evidence against
Okoyomon included an affidavit that was deposed to by one
Tapan Debnah, a solicitor with the Serious Fraud Office, SFO,
of England, which was sworn before a Westminster
Magistrate Court.
The affidavit gave a summary of the allegations against the
accused, the punishment prescribed for the offences and the
jurisdiction of the court to try the matter.
The AGF, through his lawyer, Mr. M.S Hassan, equally
tendered the Certified True Copy of the charge against the
former MINT boss, the warrant of arrest issued by a District
Judge in the UK, an investigative report on oath deposed to
by one Brenda Smith White before the Westminster
Magistrate Court, a photograph of the accused person for
easy identification, as well as a letter notifying the accused
of his success in his application for British citizenship.
Hassan told the court that the UK government earlier notified
the accused in advance of all the documents that will be
used in his prosecution, stressing that Okoyomon would be
given fair trial considering that he is also a British citizen.
Nevertheless, Okoyomon has asked the Court of Appeal to
set aside the order for his extradition to the UK for trial.
In a Notice of Appeal he filed through his lawyer Dr Alex
Izinyon (SAN), Okoyomon insisted that Justice Chukwu
erred in law when he ordered his extradition to the UK
despite the absence of a treaty between Nigeria and UK
government.
Among four issues he formulated before the appellate court,
the accused person contended that; “There is no subsisting
Act of the National Assembly or treaty between Nigeria and
Great Britain upon which the decision of the court was
premised.
“There was also no Order made by the President of Federal
Republic of Nigeria applying the provisions of the Extradition
Act. Cap E25, LFN 2004 to Great Britain as envisaged by
Section 1(6) of the Extradition Act, Cap E25, LFN 2004”.
He argued that the extradition order that was issued against
him by the high court was not supported by any legislation
in Nigeria.
He therefore begged the appellate court to restrain the
federal government from extraditing him to the UK, pending
the determination of his appeal.
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