A Federal High Court in Abuja has ordered the extradition of Nigerian Temitope Omotade to the United States to face trial on charges including wire fraud, mail fraud and aggravated identity theft.
Justice Peter Lifu ruled on Wednesday that the application filed by the Attorney-General of the Federation was meritorious. He directed that Omotade be surrendered to the US District Court for the District of Minnesota, where he is named in a superseding five-count indictment filed on February 8, 2022, in case number 22-CR-24 SRN/HB.
The indictment alleges mail and wire fraud under Title 18 of the US Code, Sections 1341, 1343 and 1349, offences that each carry a maximum penalty of 30 years in prison. Two further counts charge aggravated identity theft and aiding and abetting, under Sections 1028A(a)(1) and 2, each carrying a maximum of two years to run consecutively to any other sentence.
In its application, the Attorney-General’s office said the request rested on an extradition packet and diplomatic notes from the United States. These included a sealed indictment, an arrest warrant, affidavits from US officials, copies of relevant statutes and passport details. The Central Authority Unit confirmed that the documents met the requirements of the Extradition Act. The offences were described as non-political and non-trivial, and the application stated that no parallel criminal proceedings for the same offences were pending in Nigeria. Assurances were also provided regarding trial conditions in the United States.
Omotade opposed the application. Through his lawyer he denied all the allegations, saying his connection to an individual named Roxanne Gilbert involved no criminal conduct. He argued that the supporting materials lacked blockchain analysis, financial trails, chat histories or other evidence of active culpability and consisted largely of identification documents. He further contended that third parties may have used his identity.
Omotade also cited health grounds, stating that he is under specialist medical management for hepatic steatosis (fatty liver) and elevated liver function tests. He maintained that extradition would be unjust and oppressive given his condition and the physical demands of transfer and detention.
Justice Lifu rejected these arguments. He held that the medical evidence presented did not establish that surrender would expose Omotade to grave and unavoidable medical consequences or that necessary care could not be obtained in the United States. The judge found that Omotade had not discharged the burden of showing that extradition would be practically unjust or oppressive.
The court further held that there was no sufficient material to show the request was made for the purpose of prosecuting or punishing Omotade on account of race, religion, nationality or political opinions, or that any other statutory restriction under Section 3 of the Extradition Act applied.
Justice Lifu emphasised that extradition proceedings do not determine guilt. Their purpose is to ensure that a request for surrender meets the statutory requirements. Omotade would retain the right to contest the allegations under US law and procedure.
The judge therefore ordered Omotade’s extradition to the United States District Court for the District of Minnesota. He also dismissed an application for bail that Omotade had filed on September 16.
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