A Federal High Court in Lagos has ordered the extradition of a suspected fugitive, Matthew Chukwuemeka Adebiyi, also known as Matthew Adebiyi, to the United Kingdom to face trial over allegations bordering on murder and drug-related offences.

Delivering judgment on Monday in a suit marked FHC/L/CS/416/2025, the court, presided over by Justice Ayokunle Olayinka Faji, held that the Office of the Attorney-General of the Federation (AGF) had satisfied all statutory conditions required under Nigeria’s Extradition Act for the surrender of the respondent.

The extradition request followed an application filed by the AGF through its counsel, O. Kupolati, pursuant to the Extradition Act, Cap. E25, Laws of the Federation of Nigeria 2004.

The application was dated February 20, 2025, and filed on March 5, 2025, after authorities in the United Kingdom sought Adebiyi’s return in connection with two criminal complaints involving alleged murder and narcotics offences.

In support of the request, the AGF presented a five-paragraph affidavit deposed to by a Principal Executive Officer in the Central Authority Unit of the International Criminal Justice Cooperation Department, attaching documents including an authenticated arrest warrant issued by a magistrates’ court in Croydon, UK.

The prosecution argued that Adebiyi qualified as a “fugitive criminal” within the meaning of Section 21 of the Extradition Act and urged the court to focus only on whether a prima facie case existed and whether statutory requirements for extradition had been met, rather than determining guilt or innocence.

However, the respondent, through his lawyer, Larry Ajanaku, opposed the application, contending that extradition would violate his constitutional rights to fair hearing, personal liberty, and dignity under the 1999 Constitution.

The defence also argued that there was no properly domesticated extradition treaty between Nigeria and the UK, claiming that the London Scheme for Extradition within the Commonwealth was merely administrative.

The lawyer further informed the court that his client suffered from a chronic medical condition requiring constant monitoring and that extradition would disrupt his treatment.

He also argued that, as a Nigerian citizen with dual nationality, Adebiyi could be prosecuted locally if necessary.

In resolving the dispute, Justice Faji struck out several paragraphs of the respondent’s further and better counter-affidavit for violating Section 115 of the Evidence Act, describing them as legal arguments improperly presented as affidavit evidence.

The court held that the offences for which Adebiyi was sought were extraditable and also recognised as crimes under Nigerian law.

It found that the arrest warrant from the UK authorities was duly authenticated and that the extradition request substantially complied with Section 17 of the Extradition Act.

On the issue of treaty domestication, the judge relied on appellate authorities to conclude that the London Scheme for Extradition within the Commonwealth had been sufficiently incorporated into Nigerian law through the Extradition Act and was binding on Nigeria as a Commonwealth member state.

Justice Faji also rejected the health-related objections, noting that the medical report before the court did not indicate that the respondent was unfit to travel or incapable of receiving treatment abroad.

He dismissed concerns about the presumption of innocence, emphasising that extradition proceedings are not a trial on the merits of the allegations.

Stressing Nigeria’s obligation to honour international commitments, the court granted the application and ordered Adebiyi’s surrender to the United Kingdom, stating that the country should not become a safe haven for individuals wanted for criminal offences abroad. (Nigerian Tribune)

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