Former Managing Director of Nigeria Security Minting and Printing Company (NSMPC) Emmanuel Ehidiamhem Okoyomon has asked the Court of Appeal, Abuja to set aside the decision of a Federal High Court authorising the Federal Government to extradite him to the United Kingdom for trial.
Okoyomon’s request is contained in a notice of appeal filed for him on Monday by his lawyer, Alex Izinyon (SAN). He raised four grounds on which he hinged his prayer.
He contended in ground one that “the learned trial judge erred in law when he ordered the extradition of the appellant to Great Britain to stand criminal trial.”
Okoyomon cited three particulars of error to support ground one, which includes the following:
- 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; and
- the order for the extradition of the appellant is not supported by any legislation.
He argued in ground two 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 in London on November 22, 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”.
In support of ground two, he cited seven particulars of error, where he stated that “the said treaty between the Great Britain and United States of America is not applicable to Nigeria.”
He has also filed a motion for stay of execution of the judgment delivered by Justice Evoh Chukwu, in a move intended to prevent his extradition before the determination of his appeal.
The UK government, through its High Commission in Nigeria had, in July 2014 requested the Nigerian government to help extradite Okoyomon to the country for trial over his alleged complicity 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.
Based on the request by the UK, the Federal Government applied to the court for an extradition order, an application which Okoyomon, through his lawyer, opposed via a notice of objection.
But, Justice Chukwu, in his judgment, dismissed Okoyomon’s objection and held that the 1931 London Treaty between the U.S. and Great Britain, made applicable in Nigeria by legal instruments on June 24, 1935, is an existing law by virtue of the provision of Section 315(4) of the Constitution and is applicable in Nigeria.
“Having said the 1931 London Treaty between the U.S. and the United Kingdom is applicable in Nigeria and is an existing law, it does not require to pass the crucibles of both 1979 and 1999 Constitution, which must be subjected to the provision of Section 12 of the same Constitution,” the judge said.
The judge held that the applicant provided sufficient evidence to warrant the grant of the application. He granted the application and ordered that Okoyomon be remanded in prison until he is extradited to the UK within 30 days.
Justice Chukwu, who noted that Okoyomon is a British citizen, said he would never recklessly surrender a Nigerian citizen, and a non-Nigerian alike, unless the court is satisfied beyond measure that such a person deserved to be extradited.
