Wire Fraud: Abuja Court Approves Extradition of Nigerian, Temitope Omotade, to US

A Federal High Court sitting in Abuja has approved the extradition of Nigerian national Temitope Seyi Omotade to the United States, where he is expected to face trial over alleged wire fraud and other financial crimes.

Justice Peter Lifu granted the extradition request after ruling that the application filed by the Attorney-General of the Federation (AGF) was meritorious and met the legal requirements.

According to the News Agency of Nigeria (NAN), the AGF had sought an order compelling Omotade’s surrender to the United States District Court for the District of Minnesota to answer a five-count indictment.

The indictment, filed on February 8, 2022, under case number 22-CR-24 SRN/HB, includes allegations of mail fraud, wire fraud, conspiracy and aggravated identity theft.

Under counts one, two and three, Omotade is accused of offences relating to mail and wire fraud, as well as conspiracy, in violation of Sections 1341, 1343 and 1349 of Title 18 of the US Code. Each count carries a maximum penalty of 30 years’ imprisonment.

The remaining two counts concern aggravated identity theft and aiding and abetting, contrary to Sections 1028A (a)(1) and 2 of the same legislation. The offences attract up to two years’ imprisonment each, to be served consecutively to any other sentence imposed.

While seeking the extradition order, the AGF told the court that the US government had formally submitted the request through diplomatic channels, providing supporting documents, including a sealed indictment and an arrest warrant issued against Omotade.

The government argued that the alleged offences were not political in nature, were not trivial and that the request had been made in good faith.

It also maintained that the Central Authority Unit had verified the necessary documentation, including affidavits from American officials, relevant statutory provisions and the respondent’s passport information.

The AGF further informed the court that Omotade was not facing any pending criminal proceedings in Nigeria over the offences listed in the US indictment.

He added that assurances had been provided to guarantee that the respondent would not be subjected to prejudicial trial conditions if extradited.

The government consequently urged the court to grant the request, insisting that all procedural and legal requirements under the Extradition Act and Oaths Act had been fulfilled.

However, Omotade opposed the application and asked the court to reject it.

In his response, he denied any involvement in mail fraud, wire fraud, conspiracy or aggravated identity theft, arguing that his relationship with Roxanne Gilbert was not connected to criminal activities or digital proceeds.

He also questioned the strength of the evidence submitted by the US authorities, claiming that the extradition documents contained no blockchain analysis, financial transaction records, chat exchanges or video call evidence.

According to Omotade, the materials relied upon by the prosecution were largely limited to identification details, such as his passport data page and an airway bill, which he said did not establish criminal responsibility.

He also suggested that his identity could have been compromised by third parties.

Beyond the evidential objections, Omotade cited his medical condition, telling the court that he was undergoing specialist treatment for hepatic steatosis, commonly known as fatty liver, and elevated liver functions.

He argued that his health condition made extradition particularly difficult and that transferring and detaining him outside Nigeria could expose him to serious medical risks.

On this basis, he described the proposed extradition as unjust, oppressive and disproportionate.

However, Justice Lifu rejected the objections, holding that the AGF had provided sufficient grounds to justify the extradition after considering the affidavits, documentary evidence, legal arguments and relevant provisions of the Extradition Act.

Addressing the medical concerns, the judge said Omotade had not presented enough evidence to prove that surrendering him to the US would result in a grave and unavoidable medical emergency or that the country lacked the capacity to provide the required treatment.

The court also accepted the government’s position that adequate medical facilities were available in the United States.

“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.

“I have equally considered the other restrictions contained in Section 3 of the Act,” Justice Lifu stated.

The judge equally found no evidence that the extradition request was motivated by an intention to prosecute or punish Omotade because of his race, religion, nationality or political beliefs.

He stressed that extradition proceedings were not meant to determine whether an accused person was guilty or innocent before trial but to establish whether the legal conditions for surrender had been met.

According to the judge, Omotade would still have the opportunity to challenge the allegations against him under the applicable laws and procedures in the United States.

He therefore ruled that the objections raised by the respondent did not provide sufficient grounds to reject the AGF’s application.

“Accordingly, an order is hereby made extraditing the respondent, Temitope Seyi Omotade, who is a subject in a superseding five-count indictment referred in this case to the United States District Court for the District of Minnesota, United States of America,” Justice Lifu ruled.

The court also dismissed Omotade’s bail application filed on September 16.

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