A Federal High Court in Abuja has struck out a suit instituted by the Federal Government of Nigeria, seeking to extradite a Nigerian citizen, Andrew Chidiebere Ibe to the United States of America (USA) for trial in wire fraud charges.
The suit instituted by the Attorney General of the Federation (AGF) and Minister of Justice on behalf of the Federal Government was struck out for want of diligent prosecution.
Justice Inyang Edem Ekwo threw out the case on Tuesday following the repeated absence of the AGF or any legal practitioner from his office or private chamber to appear in court to prosecute the Extradition Suit.
The AGF, Abubakar Malami in the suit marked FHC/ABJ/CS/456/2022 requested the Federal High Court for an order permitting the surrendering of the Nigerian businessman to America following his indictment for wire fraud.
Malami, a Senior Advocate of Nigeria (SAN) claimed that the suspect was to be put on trial by the American Government over the alleged fraud and that an extradition request to that effect had been served on the Nigerian Government under Extradition Act 2004.
The AGF also stated that the charges against the suspect carry 20 years imprisonment upon conviction in the 11-count charges.
However, since the filing of the Extradition Suit, the AGF office has not shown any serious commitment to the prosecution of the suit.
At Tuesday’s proceedings, neither the AGF nor any legal practitioner showed up to move an ex-parte application filed alongside the suit seeking immediate arrest and detention of the suspect pending the grant of the extradition against him.
Justice Ekwo who was not pleased with the continued absence of the AGF or any lawyer to represent him struck out the suit.
The American Government through its Embassy in Nigeria had brought the extradition request following the indictment of the businessman by the USA Federal Bureau of Investigations FBI.
The request signed by Susanne Elmilady was predicated on Extractable Offences Under Article 3 (18) of the Extradition Treaty between the United States of America USA and Nigeria.
