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Court docket orders AGF to give up Nigerian wished in Ghana for theft

By Eric Ikhilae, Abuja

A Federal Excessive Court docket in Abuja has ordered the Minister of Justice and Lawyer Normal of the Federation (AGF), Abubakar Malami to give up a Nigerian, Asuquo Mbuotidem Edem to the Republic of Ghana for prosecution in relation to his alleged involvement in theft and associated offences within the West African nation.

Justice Folashade Giwa-Ogunbanjo gave the order in a judgment given in an extradition swimsuit, 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, in opposition to whom a 23-count cost of conspiracy, rape, theft, cash laundering and being in possession of firearms with out licence, is claimed to be pending earlier than a courtroom in Ghana, was alleged to have fled to Nigeria, prompting the Lawyer Normal of Ghana to use to his Nigerian counterpart for his (Edem’s) extradition.

Within the judgment delivered on June 29 this 12 months, a replica of which was sighted on Thursday, Justice Giwa-Ogunbanjo held that the applicant (the AGF) glad the required authorized necessities for the grant of the extradition request.

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The choose mentioned she was glad that the offences for which Edem was wished in Ghana have been “extraditable offences” underneath the supply of Order VIII (1)(a) of the Extradition Guidelines 2015.

She added that the alleged offences are opposite to and punishable underneath Nigerian regulation, being just like the provisions of sections 401, 402, 403(a) and (b), 357, 358 and 516 of the Legal Code and Part three of the Firearms Act Cap F28 LFN 2004.

Justice Giwa-Ogunbanjo mentioned she was equally glad that Edem “is not going to be tried for any offence dedicated earlier than his give up, aside from the extradition offence; the offences will not be of a political character or for punishment because of his race, faith or nationality.

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“The offences will not be trivial in nature, unjust, oppressive or the punishment is just too extreme for the offences, the punishment for the offences exceeds two years imprisonment and there’s no legal proceedings pending in opposition to the respondent (Edem) in Nigeria for the offences for which his extradition is sought.

“In keeping with the supply of Order VIII(1)(b) of the Extradition Guidelines 2015 and having hitherto reviewed and evaluated the information earlier than the courtroom, I’m glad that there isn’t a bar to the extradition of the respondent underneath Part three of the Extradition Act.

“The respondent has not positioned earlier than this courtroom cogent and compelling proof to sway this courtroom to consider that the respondent’s human rights will probably be incompatible with extradition and I’m due to this fact glad that the extradition of the respondent can be suitable along with his human rights.

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“In keeping with the supply of Order VIII(1)(d) of the Extradition Guidelines and having regard to the circumstances wherein the offence was allegedly dedicated, I’m glad that request for the extradition of the respondent shouldn’t be unjust or oppressive or too extreme a punishment.

“In view of the foregoing, I discover the respondent’s submissions made in help of his counter affidavit thereof missing in advantage. Quite the opposite, I discover the applicant’s utility 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 jail custody to await the order of the Honourable Lawyer-Normal of the Federation for his (Edem’s) give up to the Republic of Ghana in keeping with Part 10 of the Extradition Act Cap E25 LFN, 2004,” the choose mentioned.

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