In a landmark ruling on Friday, June 5, the Supreme Court of Nigeria authorized the extradition of Emmanuel Okoyomon, former Managing Director and Chief Executive Officer of the Nigerian Security Printing and Minting Company (NSPM), to the United Kingdom to stand trial on bribery allegations.
Unanimous Decision by Supreme Court Panel
A five-member panel of the apex court, led by Justice Mohammed Garba, unanimously dismissed an appeal filed by Okoyomon. The appeal sought to overturn a June 6, 2016 judgment of the Court of Appeal in Abuja, which had previously granted the Federal Government permission to extradite him. The Supreme Court upheld the concurrent verdicts of the lower courts, describing the appeal as "bereft of merit."
Lead Judgment and Key Findings
The lead judgment, prepared by Justice Emmanuel Agim and read by Justice Mohammed Idris, concluded that Okoyomon failed to present any grounds that would justify the Supreme Court's interference with the findings of the Federal High Court and the Court of Appeal. The panel dismissed the appeal without awarding costs against the appellant.
The extradition request was initiated by the Attorney General of the Federation, who sought Okoyomon's transfer to the UK to face charges related to an alleged bribery scheme involving officials of the Central Bank of Nigeria (CBN), the NSPM, and Securency International Pty of Australia.
Background of the Case
Following the Federal High Court's approval of the extradition order on May 4, 2015, Okoyomon appealed to the Court of Appeal, claiming a violation of his right to a fair hearing. The appellate court, in a judgment delivered by Justice Moore Adumein, resolved three of the four issues raised by the appellant against him.
Obligations Under the London Scheme
Justice Adumein held that Nigeria is bound by the London Scheme for Extradition within the Commonwealth to extradite individuals sought for extradition offenses to other Commonwealth countries. This obligation is reinforced by Sections 1 and 2 of the Extradition Act 2004. The lower court acted correctly to prevent Nigeria from breaching its commitments to a fellow Commonwealth nation, the UK.
The appellate court further stated: "The provisions of the London Scheme for Extradition within the Commonwealth have been substantially enacted into law in Nigeria. The learned trial judge rightly held that the respondent made out a case to justify the extradition application, while the appellant failed to convince the court why the application should be refused."
Fair Hearing Argument Dismissed
The Court of Appeal also addressed Okoyomon's claim that he was not heard on a point raised suo motu by the trial judge regarding his British citizenship. The court ruled that this did not occasion a miscarriage of justice, as the issue of citizenship did not affect the merit of the extradition application. The law requires an appellant to demonstrate that such a failure led to a miscarriage of justice, which Okoyomon failed to do.
Consequently, the appellate court dismissed the appeal, stating: "Since the threshold issues in this appeal have been resolved against the appellant, this appeal ought to be dismissed. Accordingly, this appeal is hereby dismissed."
Final Outcome
Dissatisfied with the Court of Appeal's decision, Okoyomon filed a further appeal to the Supreme Court, which was ultimately dismissed on Friday. This ruling clears the way for his extradition to the UK to face trial.
