Court Orders Extradition Of Nigerian Man To US Over Wire Fraud

Justice Akintayo Aluko of the Federal High Court in Lagos State has issued a ruling authorising the extradition of Samuel Olasunkanmi Abiodun to the United States.

The extradition request, filed by the Attorney General of the Federation (AGF) and Minister of Justice alleged that Abiodun committed wire fraud and conspiracy to commit money laundering, offences punishable by up to 20 years imprisonment.

The court’s decision, made on June 14, 2024, grants the Nigerian government’s application for Abiodun’s surrender to face trial in the US.

The Nigerian government prayed to the court for the surrender of the accused to face a count charge bordering on wire fraud and conspiracy.

“Count 1: Wire fraud, in violation of Title 18, United States Code (U.S.C), Section 1343, carrying a maximum term of imprisonment of 20 years.”

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“Count 2: Conspiracy to commit money laundering, in violation of Title 18, United States Code (U.S.C), Section 1956 (h), carrying a maximum term of imprisonment of 20 years.”

Abiodun, through his counsel, Demola Adekoya, had denied the allegations, and challenged, among others, the court’s power to order his extradition.

Justice Aluko, in his evaluation of the evidence presented, determined that the Federal Government had furnished sufficient proof to establish a prima facie case against Abiodun, warranting his extradition to the United States.

The judge rejected Abiodun’s arguments regarding the treaty between Nigeria and the US, finding that he had misinterpreted the agreement’s provisions that empower the court to grant extradition requests.

The judge’s ruling underscores that the evidence presented met the threshold required to justify Abiodun’s extradition to face trial in the US.

“Leveraging on the decision of the apex court, the extradition Treaty between the United States of America and Great Britain signed in London on 22 December 1931 is recognized as binding on Nigeria and enforceable in the instant case,” the court held.

“Against the background of the foregoing, the sole issue in this judgment is resolved in favour of the Applicant against the Respondent.

“To this end, there is merit and substance in the instant application. Judgment is entered for the Applicant in the following terms:

“The application of the Hon. Attorney General of the Federation for the surrender and extradition of the Respondent, Samuel Olasunkanmi Abiodun to the United States of America is hereby granted.

“The Respondent is further committed to prison custody and shall remain in the facility of the Nigerian Correctional Service to await the decision of the Hon. Attorney-General of the Federation for his surrender to the United States of America for the purpose of facing his trial.

“The Attorney General of the Federation of Nigeria shall ensure and see to it that special arrangements are put in place for the Respondent’s fair trial and defence under the Laws of the Requesting country (USA) to the extent that the Respondent is not prejudiced on account of his race, religion, nationality and to ensure that his trial shall be limited to the extradition offence provable by the facts on which his surrender is granted devoid of any superficial sentiments and considerations.”

According to the certified true copy of the judgment, the Respondent (Abiodun) vehemently denied the allegations made by the Applicant (Federal Government).

He claimed to have never traveled to the US, had no personal or business relationships there, and committed no offenses in either Nigeria or the US.

Abiodun asserted that he did not conspire with anyone to commit money laundering or wire fraud against J.S., a deceased student at Kutztown University. He also denied using Snapchat or posing as “ALICE_D013” to demand money from J.S.

Additionally, Abiodun stated that he had never been tried or convicted in Nigeria for the alleged offenses.

He claimed to be a victim of persecution due to his association with someone tagged as a friend on WhatsApp, with whom he conducted lawful cryptocurrency business through the registered platform Binance, where he is a registered user.