The Federal High Court in Lagos recently granted an application by the Attorney General of the Federation (AGF) to extradite Samuel Abiodun to the United States of America to face trial for alleged wire fraud and conspiracy to commit money laundering.
Justice Akintayo Aluko issued this order on June 14, 2024, following an application filed by Kehinde Fagbemi from the Federal Ministry of Justice. The Federal Government requested Abiodun’s surrender to face two serious charges: “wire fraud, in violation of Title 18, United States Code, Section 1343, carrying a maximum term of imprisonment of 20 years; and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956 (h), carrying a maximum term of imprisonment of 20 years.”
Abiodun, through his counsel, Demola Adekoya, denied the allegations. He challenged the court’s authority to order his extradition, asserting that the evidence presented was insufficient and the treaty between Nigeria and the United States did not authorize such action.
However, after evaluating the evidence against Abiodun, Justice Aluko concluded that the Federal Government had provided sufficient proof to justify Abiodun’s extradition to the United States. He noted that Abiodun had misunderstood the legal framework governing the extradition treaty between Nigeria and the United States, which indeed empowered the court to grant such a request.
Justice Aluko elaborated: “Leveraging on the decision of the apex court, the extradition treaty between the United States of America and Great Britain signed in London on December 22, 1931, is recognized as binding on Nigeria and enforceable in the instant case.
“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 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 AGF for his surrender to the US for the purpose of facing his trial. The AGF shall ensure and see to it that special arrangements are put in place for the respondent’s fair trial and defense 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 offense provable by the facts on which his surrender is granted devoid of any superficial sentiments.”
According to a certified true copy of the judgment, Abiodun denied all allegations made by the applicant. He claimed that he had lived all his life in Nigeria and had never traveled to the United States. He stated that he had no business or romantic relationships with anyone in the U.S. and had not committed any crimes either in Nigeria or the U.S.
Abiodun further asserted that he did not conspire with anyone to commit money laundering or engage in wire fraud against a student from Kutztown University in the Eastern District of Pennsylvania, identified as J.S., who the applicant claimed is now deceased. He denied using Snapchat or having the persona “ALICE_D013” allegedly used to demand money from J.S. He also stated that he had never been tried or convicted by any court in Nigeria for the alleged offenses.
Additionally, Abiodun claimed that he was being persecuted for his association with an individual described as “a friend from WhatsApp.” He argued that he was conducting a lawful business through a registered cryptocurrency platform, Binance, with which he is legally affiliated.
The case highlights the complexities involved in international extradition and the legal challenges that can arise, particularly when the accused contests the validity of the evidence and the jurisdiction of the requesting country. As Abiodun awaits his potential extradition, the case underscores the intricate balance between national sovereignty, international cooperation, and the rights of the accused.
