Obanikoro Might Be Extradited From US

An official at the United States Department of Justice (DOJ), Peter Carr has explained what it would take to effect an extradition after a mail of inquiry was sent to him by online news outlet, Sahara Reporters.

“Within (existing) statutory and treaty framework, US is generally to extradite its citizens, assuming that the requirements of the treaty are met. The fact of dual nationality with Nigeria would be irrelevant in this context”, Carr said.

Former Minister of state for Defence, Musiliu Obanikoro could be extradited from the United States of America if the Federal Government follows due process, according to the U.S. Justice Department.

Obanikoro in a blistering retort had chided the government after operatives of the Economic and Financial Crimes Commission (EFCC) invaded his Ikoyi, Lagos home and seized cars and other valuables.

The former minister had said he was ready to be extradited from the US if really the government had anything against him.

Quoting Article 8 of the extradition treaty, Carr said it “specifies that extraditions will comply with the laws of the requested country, i.e. the place where the fugitive is found.”

A legal expert in the US, Roger Clark also corroborated the DOJ’s claim, stating that as long as there is a treaty between the country involved and the United States, there was no problem with extradition.

Clark, an expert on international criminal law and a professor at Rutgers University School of Law in the United States, said that “the United States has no problem extraditing its nationals, provided there is a treaty.’’

He however, said some countries in Western Europe are usually reluctant to extradite their own citizens but countries with common law have no qualms as long as due legal process is followed.

According to him, Nigeria is one of the common law countries and by virtue of that, falls under the same treaty that outlines reciprocal and mutually agreed rules for extraditing their nationals.

He also noted that the treaty was signed into force in 1935 when Nigeria was still under colonial rule and that it remains in effect till today.

The treaty provides a list of crimes that qualify for extradition, including fraud, fraudulent conversion, obtaining money or goods by false pretenses, forgery, offenses against bankruptcy law, and bribery.