The Law on Extradition

CASE A.G OF THE FEDERATION v. ANUEBUNWA (2022) LPELR-57750(SC)

JUDGMENT DATE: 13TH APRIL, 2022

PRACTICE AREA: INTERNATIONAL LAW

LEAD JUDGMENT: HELEN MORONKEJI OGUNWUMIJU, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Extradition.

FACTS

This is an appeal against the decision of the Court of Appeal, Abuja Division.

Before the Federal High Court of Nigeria sitting in Abuja, the Honourable Attorney General and Minister of Justice, filed application dated the 14th May, 2018, pursuant to the Extradition Act Cap, E25, Laws of the Federation of Nigeria 2004 requesting for the surrender and Extradition of the Respondent Princewill Ugonna Anuebunwa following a request to extradite made by a Diplomatic Representative of the Embassy of the United States of America in Abuja, the application is premised on a two-count indictment in case No. S6 16 Cr. 575 (PAC) was filed in the United States District, Southern District of New York, and the indictment was filed on the 19th day of June 2017. The application of the Attorney General was heard and granted by the Federal High Court on the 1st day of June 2020 directing the extradition and surrender of the Respondent. The Court made orders that the Respondent be handed over to the United States to face the indictment against him.

The Respondent became nettled by this decision and therefore filed a notice of appeal at the Court of appeal Abuja Division on the 10th day of June 2020. At the Court of Appeal, the Respondent got judgment by a majority decision of two against one, the majority decision held the view that the trial court did not understand and appreciate the evidence sought to be relied on to erect the request for extradition. The minority decision of the lower Court fully agreed with the trial Court and affirmed the decision granting the application to extradite the Respondent. The majority decision sent the application back to the lower court to be heard again by another Judge.

The Appellant Attorney General being aggrieved by the decision of the lower Court filed this appeal to the Apex Court.

ISSUES FOR DETERMINATION

The main appeal was determined on the following issues:

i. Whether the Justices of the Court of Appeal were right to have held that Section 84 of the Evidence Act, 2011 (as amended) must apply in relation to authentication/admissibility of foreign documents.

ii. Whether the Court below was right to have concluded that the defence of mistaken identity raised by the Appellant (herein Respondent) was not satisfactorily rebutted by the Respondent (herein Appellant) in the circumstance and set aside the surrender order made by the trial judge.

DECISION/HELD

The appeal was unanimously allowed.

RATIOS:

• INTERNATIONAL LAW – EXTRADITION: Whether the Extradition Treaty of 1931 between the USA and Great Britain is binding on Nigeria
• INTERNATIONAL LAW – EXTRADITION: Whether Section 84 of the Evidence Act applies to extradition proceedings
• INTERNATIONAL LAW – EXTRADITION: Duty of the Attorney General of the Federation in an extradition proceeding
• INTERNATIONAL LAW – EXTRADITION: Purpose of an extradition hearing
• INTERNATIONAL LAW – EXTRADITION: Nature of extradition
• INTERNATIONAL LAW – EXTRADITION: Position of the law where the issue of mistaken identity is raised in an extradition proceeding