Ex-Mint boss appeals extradition order

A Former Managing Director of Nigeria Security Minting and Printing Company, Mr. Ehidiamhem Okoyomon, has appealed against the judgment of a Federal High Court in Abuja, which on Monday‎ ordered his extradition to the United Kingdom to face criminal charges.

Okoyomon also filed an application for stay of execution of the judgment pending the hearing and determination of his appeal.

The former boss of the NSMPC filed his four-ground notice of appeal before the Court of Appeal in Abuja.

Justice Evoh Chukwu had in his judgment on Monday  ordered the former NSMPC boss be extradited within 30 days.

The judge ordered that the man be remanded in prison pending the time the extradition processes would be completed.

Through his counsel, Dr. Alex Izinyon (SAN), the former MD of NSMPC, who was accused of bribery allegations in the United Kingdom, asked the appellate court to set aside the judgment of the Federal High Court.

In the first ground of appeal, Izinyon contended that “the learned trial Judge erred in law when he ordered the extradition of the appellant to Great Britain to stand criminal trial.”

The particulars of errors according to Izinyon are, “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.

“The Order for the Extradition of the appellant is not supported by any legislation.”

In the second ground, Izinyon contended that “the learned trial court erred in law when he held that the Extradition Treaty between Great Britain and the United States of America signed at London on 22nd November, 1931 is applicable to Nigeria and ordered the extradition of the appellant to Great Britain to stand trial, relying on the said treaty between Great Britain and the United States of America.”

He argued, that, “the said treaty between the Great Britain and United States of America is not applicable to Nigeria.”

Justice Evoh Chukwu had in his judgment on Monday ordered that Okoyomon be extradited to the UK within 30 days.

The court was delivering judgment on the extradition application filed on September 29, 2014 by the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).

The court had earlier on Monday struck out a separate suit filed by Okoyomon challenging his arrest and detention by the Economic and Financial Crimes Commission based on the request by the British High Commission in Nigeria for his extradition.

The court held in its judgment in Okoyomon’s suit that the Attorney-General of the Federation having filed the application for his extradition, his suit had become academic.

Ex-Mint boss appeals extradition order

Corruption: Court orders extradition of ex-Mint boss to UK

A Federal High Court in Abuja on Monday ordered the extradition of a former Managing Director of Nigerian Security, Minting and Printing Company, Mr. Ehidiamhem Okoyomon, to the United Kingdom to face criminal charges.

Mr. Ehidiamhem Okoyomon

Justice Evoh Chukwu ordered that Okoyomon be extradited to the UK within 30 days.

He ordered the former NSMPC boss to be remanded in prison pending the time the extradition processes would be completed.

The court was delivering judgment on the extradition application filed on September 29, 2014 by the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).

The court had earlier on Monday struck out a separate suit filed by Okoyomon challenging his arrest and detention by the Economic and Financial Crimes Commission based on the request by the British High Commission in Nigeria for his extradition.

The court held in its judgment in Okoyomon’s suit that the Attorney-General of the Federation having filed the application for his extradition, his suit had become academic.

The court also dismissed his preliminary objection to the AGF’s extradition application.

It held that Okoyomon, through his counsel, Dr. Alex Izinyon (SAN), “has no defence for this application and did not make any attempt to counter it.”

It also held that the AGF had satisfied all the requirements under the Extradition Act Cap E25 of the Laws of the Federation of Nigeria, 2004 for the extradition of the man who was said to have been indicted for criminal offences in the UK.

Okoyomon’s lawyer, Izinyon, had argued in both the preliminary objection and in his counter-affidavit opposing the application that there was no reciprocal extradition treaty between Nigeria and the United Kingdom.

He argued that the 1931 Extradition Treaty between the United States of America and the United Kingdom as well as the London Scheme of Extradition within the Commonwealth both of which the AGF anchored the extradition application on were not enforceable in Nigeria.

He maintained that Nigeria was not a party to the treaties and that they had not been domesticated by the National Assembly in accordance with the provisions of section 12(1) of the Constitution of the Federal Republic of Nigeria.

He argued that the Extradition Treaty of 1931 had been repealed in Nigeria by virtue of section 21(3) of Schedule 4 of Decree 87 of 1966.

He also argued that the London Scheme for Extradition was an agreement between the United States of America and the UK, which had yet to be domesticated in Nigeria.

He said having not been domesticated in accordance with its provisions in Article 22, the London Scheme for Extradition could not be applicable in Nigeria.

But Justice Chukwu in his combined judgment on both the notice of preliminary objection and the substantive suit, upheld the argument of the AGF’s lawyer, Mr. Muslim Hassan, and dismissed Izinyon’s contention.

The court held that the Extradition Treaty of 1931, made to be applicable in Nigeria in 1935, had not been repealed.

It held that the treaty was not among the ones repealed by the provisions of Decree 87 of 1966.

It also held that the London Scheme for Extradition had been domesticated in Nigeria by virtue of provisions of section 12 of the constitution.

The court held that provisions of section 12(1) of the constitution were only applicable to such treaties signed after the 1979 and 1999 constitutions of the Federal Republic Nigeria.

The court held, “The 1931 Treaty between the United States of America and the United Kingdom signed on December 22, 1931 and made to be applicable to Nigeria through a legal instrument in 1935 under section 315(4) of the constitution is deemed to be an Act of the National Assembly by virtue of the provisions of section 315(1) of the constitution is an enforceable law in Nigeria and is not required to be subjected to the provisions of section 12(1) of the constitution.”

The UK government, through the British High Commission in Nigeria had in July 2014 requested the Nigerian government that Okoyomon be extradited to answer questions over his alleged role in the bribery allegation involving officials of the Central Bank of Nigeria, the NSMPC and the Securency International Pty of Australia between 2006 and 2008.

The offences were said to have violated the provisions of the Corruption Prevention Act of the United Kingdom.

After the hearing of the extradition application on October 22, 2014, Justice Chukwu had ordered Okoyomon to remain in EFCC custody pending when judgment would be delivered.

Okoyomon’s lawyer, Izinyon, while opposing the application, insisted that there was no existing extradition treaty between Nigeria and the UK.

Izinyon added that extraditing his client to face trial in the UK when part of the crime he was being wanted for in the UK was allegedly committed in Nigeria, would amount to subordination of Nigeria’s sovereignty to that of the UK.

He said, “We don’t want extradition. Since part of the alleged crime was committed here (Nigeria), we are ready to face trial in Nigeria.

“In fact, extraditing him to the UK is subordination of our sovereignty to that of the United Kingdom.

“The issue of fair hearing in the UK does not arise. Are we saying there is no fair hearing in Nigeria?”

Izinyon, in adopting his preliminary objection and counter-affidavit to the extradition application, said two statutes – the Extradition Treaty of 1931 and the London Scheme for Extradition – relied upon by the EFCC were no longer applicable in Nigeria.

“Combination of these two instruments does not in whatsoever, howsoever, cannot and does not confer locus on the Attorney General of the Federation to make the application,” Izinyon said.

Corruption: Court orders extradition of ex-Mint boss to UK

Bribery Scandal : Don’t extradite me to UK, ex-Mint boss, Okoyomon begs court

says he wants to be tried in Nigeria

By Ikechukwu Nnochiri

ABUJA—THE Federal High Court sitting in Abuja, yesterday, fixed December 1 to decide whether or not the former Managing Director and Chief Executive Officer of the Nigeria Security Minting and Printing Company, NSMPC, Mr. Ehidiamhen Okoyomon should be extradited to the United Kingdom to face corruption charges.

Justice Evoh Chukwu adjourned for judgment on a day the accused person, through his lawyer, Dr. Alex Iziyon, SAN, begged the court not to okay the extradition request, saying he would rather prefer to answer to the charges here in Nigeria.

“My Lord, my client is prepared to face the music here. Firstly, he is a Nigerian citizen and wants to be tried according to the Nigerian law. We cannot guarantee that he would be given fair trial over there in the UK. Moreover, according to them, part of the offence was committed in Nigeria. You cannot just bundle any citizen from one country to another, it is a slight on our sovereignty. I urge your Lordship to dismiss this application intoto”, Iziyon pleaded.

The extradition process was initiated before the court by the Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN. Adoke told the court that the ex-Mint boss was needed in the UK over his alleged role in a bribery scandal involving officials of the Central Bank of Nigeria, the NSMPC and Securency International Pty of Australia.

The crime was allegedly committed between 2006 and 2008.

Moving the application, yesterday, a lawyer from the office of the AGF, Mr. M.S Hassan, told the court that a District Court in the UK has already issued a warrant of arrest against the accused person. Hassan further tendered several documents in exhibit, among which 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 also adduced the Certified True Copy of the charge, 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. “My Lord that is an indication that he will be given a fair and transparent trial. Moreover he is a British citizen and as it stands today, there is no charge pending against him in Nigeria to warrant his prosecution here. All the Nigerian government wants is for him to go there and clear his name over the charges against him”, the AGF’s lawyer added.

Meantime, the AGF based his application on the extradition treaty of 1931, which he said became applicable in Nigeria in 1935. He maintained that the extradition treaty is an existing law under section 315 of the 1999 constitution, adding that it has not been repealed by any law.

Extradition treaty still in the grave

However, counsel to the accused person, Iziyon, insisted that the said treaty was repealed by Schedule 4 of Decree No 87 of 1966, adding, “nothing has been shown to prove that this 1931 Act has resurrected. It is still in the grave and confined to the legal coffin and, therefore, cannot confer any authority or locus on the Attorney General of the Federation”.

Iziyon further contended that ‘Exhibit B ‘ from the AGF, which is a copy of London Scheme for Extradition, was yet to be domesticated in Nigeria. His argument was countered by counsel to the AGF who told the court that it was duly domesticated in section 12 of the constitution. Hassan added that section 2 of the Extradition Act provided that it should apply to every country within the Commonwealth region.

After listening to all the parties, Justice Chukwu adjourned for judgment, even as he ordered further remand of the accused in the custody of the Economic and Financial Crimes Commission, EFCC.

Okoyomon had in an affidavit in support of the suit dated October 7 and filed on October 10, 2014, which was deposed to by one Josephine Majebi, averred; “That I know that Nigeria is not a party to the 1931 Extradition Treaty between the United States of America and it is not applicable in Nigeria. “That the London Scheme for Extradition within the Commonwealth, 2002, does not apply in Nigeria. That I know as a fact that Nigeria is not a signatory nor has it ratified the Treaty between the United States of America and Great Britain.”

Likewise, he argued that the extradition application failed to satisfy provisions of Sections 1(1) – (6) of the Extradition Act. His lawyer further stressed that the extradition application by the AGF disclosed no cause of action against his client and the AGF, who instituted the application lacked the locus standi to do so.

He said there had been “no Order of the President published in any Federal Gazette applying the provisions of the Extradition Act for the extradition of persons to the United Kingdom.”

“That the United Kingdom is not one of the countries listed in the First Schedule to the Extradition Act, CAP E25, LFN 2004, to which the Extradition Act, Cap 25, LFN, 2004, applies,” the supporting affidavit added.

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Bribery Scandal : Don’t extradite me to UK, ex-Mint boss, Okoyomon begs court