The Federal High Court in Abuja has ordered the extradition of Nigerian national Temitope Seyi Omotade to the United States, where he is expected to face trial over allegations of wire fraud, mail fraud and aggravated identity theft.

Justice Peter Lifu granted the extradition request submitted by the Attorney-General of the Federation, ruling that the government had satisfied the legal requirements for Omotade’s surrender to the United States District Court for the District of Minnesota.

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The case followed a request by US authorities seeking Omotade’s extradition over a superseding five-count indictment filed on February 8, 2022, in case number 22-CR-24 SRN/HB.

The first three counts accuse him of mail fraud, wire fraud and conspiracy under Sections 1341, 1343 and 1349 of Title 18 of the United States Code. Each offence carries a maximum prison sentence of 30 years.

The remaining two counts concern aggravated identity theft and aiding and abetting under Sections 1028A(a)(1) and 2 of the same legislation.

Each carries a maximum sentence of two years, to run consecutively to any other prison term imposed.

In its application, the Attorney-General’s office said the extradition request was supported by diplomatic communications from the US, a sealed indictment issued by the Minnesota court and an arrest warrant for Omotade.

The government maintained that the offences were extraditable, non-political and not trivial, adding that the request had been made in good faith.

It also told the court that the required documentation had been properly certified and included affidavits from US officials, copies of relevant laws and passport information.

The Attorney-General further argued that there were no pending criminal proceedings against Omotade in Nigeria over the specified offences and that assurances had been obtained regarding the conditions under which he would face trial in the US.

However, Omotade opposed the application and urged the court to dismiss it.

In his counter-affidavit, he denied allegations of mail fraud, wire fraud, conspiracy and aggravated identity theft.

He also disputed the prosecution’s claims concerning his alleged connection with Roxanne Gilbert, insisting that their relationship involved neither criminal agreement nor proceeds from digital transactions.

He argued that the extradition documents did not provide sufficient evidence linking him to the alleged offences.

According to him, the materials lacked blockchain analysis, financial transaction records, chat histories and video calls.

He maintained that the documents relied largely on identification details, including passport information and an airway bill, while raising the possibility that third parties could have used his identity.

Omotade also cited health concerns, telling the court that he was receiving specialist medical treatment for hepatic steatosis, commonly known as fatty liver, and elevated liver function levels.

He argued that transferring him to the US and subjecting him to detention could worsen his condition, describing the proposed extradition as unjust, oppressive and disproportionate.

But in his judgment, Justice Lifu said the affidavits, documentary evidence, legal submissions and relevant provisions of the Extradition Act established sufficient grounds for granting the government’s request.

The judge acknowledged Omotade’s medical concerns but held that the evidence presented did not demonstrate that extradition would expose him to a serious and unavoidable medical danger or that appropriate treatment would be unavailable in the US.

He also agreed with the Attorney-General that medical facilities were available in the requesting country, noting that Omotade had not sufficiently proved that his surrender would be practically unjust or oppressive.

Justice Lifu stated that the medical condition, without adequate evidence of the alleged risk, could not independently prevent the extradition.

The judge further ruled that there was insufficient evidence to establish that the request was intended to prosecute or punish Omotade because of his race, religion, nationality or political beliefs, or that any other statutory restriction prevented his surrender.

He explained that extradition proceedings were not intended to determine a suspect’s guilt before trial but to establish whether the legal conditions for surrender had been met.

The judge added that Omotade would retain the opportunity to challenge the allegations against him under the applicable laws and procedures in the United States.

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Consequently, the court ordered his extradition to the US District Court for the District of Minnesota and dismissed his bail application, which was filed on September 16.