Court Orders Nigerian’s Extradition To US Over Fraud, Identity Theft

A Federal High Court in Abuja has ordered the extradition of a Nigerian, Temitope Seyi Omotade, to the United States to face trial over alleged wire fraud, mail fraud, conspiracy and aggravated identity theft.

Justice Peter Lifu made the order while delivering judgment in a suit filed by the Attorney-General of the Federation (AGF), seeking Omotade’s extradition to the United States District Court for the District of Minnesota.

The court also dismissed Omotade’s bail application, filed on September 16, after rejecting his arguments against the extradition request.

Omotade is wanted in the US over a superseding five-count indictment filed on February 8, 2022, in case number 22-CR-24 SRN/HB.

The charges include three counts of mail and wire fraud, conspiracy, aggravated identity theft and aiding and abetting.

According to the indictment, the alleged mail and wire fraud offences carry maximum prison terms of 30 years each, while the aggravated identity theft charges attract a maximum of two years each, to run consecutively to any other prison sentence imposed.

In opposing the extradition request, Omotade denied the allegations, insisting that his connection with one Roxanne Gilbert involved no criminal conduct or proceeds from illegal digital transactions.

He argued that the documents submitted by the US authorities failed to establish his alleged involvement in the offences, noting that they contained no blockchain analysis, financial transaction trails, chat records or video call evidence.

He further suggested that his identity might have been used by third parties without his knowledge.

Omotade also urged the court to reject his extradition on medical grounds, disclosing that he was undergoing specialist treatment for hepatic steatosis, commonly known as fatty liver, and elevated liver functions.

He maintained that surrendering him to the US would be unjust and oppressive, considering his health condition and the physical demands of international transfer and detention.

However, the AGF urged the court to grant the application, arguing that the US government had fulfilled all requirements under the Extradition Act.

The Federal Government told the court that the extradition request was supported by diplomatic notes, a sealed indictment, an arrest warrant and other duly certified documents from the US authorities.

It also argued that the offences were not political or trivial and that there were no pending criminal proceedings against Omotade in Nigeria over the allegations.

The AGF further maintained that the US had provided adequate assurances concerning the conditions under which Omotade would face trial.

Delivering his judgment, Justice Lifu held that the Federal Government had established sufficient legal grounds for the extradition, adding that the documents and evidence presented satisfied the relevant requirements of the Extradition Act.

On Omotade’s medical condition, the judge held that the evidence before the court did not establish that extradition would expose him to grave and unavoidable medical consequences or that adequate medical attention would be unavailable in the US.

The judge noted that medical facilities were available in the requesting country and that Omotade had failed to demonstrate that his surrender would be practically unjust or oppressive.

“In the absence of sufficient evidence establishing the asserted degree of risk, I am unable to hold that the respondent’s medical condition, standing alone, constitutes a legal bar to surrender in this case,” Justice Lifu held.

The judge also rejected arguments that any of the statutory restrictions under Section 3 of the Extradition Act prevented Omotade’s surrender.

Justice Lifu stressed that extradition proceedings were not intended to determine the guilt or innocence of a suspect before trial but to establish whether the legal conditions for surrender had been satisfied.

He said Omotade would retain the opportunity to challenge the allegations against him under the laws and procedures applicable in the US.

“The objections raised by the respondent do not, on the evidence and arguments presented, constitute sufficient grounds for refusing the application,” the judge ruled.

The court, however, ordered the extradition of Temitope Seyi Omotade to the United States District Court for the District of Minnesota to face the five-count indictment.

The judge also dismissed his bail application.