Following the latest order of a Finnish court approving the extradition of separatist leader, Simon Ekpa, to face terrorism-related charges, analysts have outlined the procedure to facilitate the process.

According to analysts, factors such as an extradition treaty, international human rights law, and clearance from political persecution risks could influence Ekpa’s eventual extradition to Nigeria.

The Päijät-Häme District Court in Lahti, Finland, on April 18, approved Ekpa’s extradition effective on July 15 to answer to Nigerian government’s charges of offences bordering on terrorism, conspiracy and incitement.

Ekpa, who is a Finnish citizen and a politician of the Lahti municipality, had been linked to the violent enforcement of sit-at-home orders in the South East by suspected members of the “Autopilot” of the Indigenous People of Biafra (IPOB), which resulted in the deaths of hundreds of civilians and security personnel and destruction of economic activities worth billions of naira.

Ekpa, who styles himself as the “Prime Minister” of the self-declared Biafra Republic Government-in-Exile, has been accused of masterminding the insecurity in the southeastern part of Nigeria from abroad.

He was arrested In November 2024 after months of surveillance by Finnish authorities.

Although Ekpa had, through posted videos on social media, pointed to the continued detention of the leader of the IPOB, Nnamdi Kanu, as the reason for his agitation, the main separatist body had in several statements denounced his membership.

Following Ekpa’s arrest by the Finnish Central Criminal Police, the Defence Headquarters on November 22, 2024, described the action as “A key victory in the fight against terrorism.”

In separate statements, a former Director of Defence Media Operations, Edward Buba and the Director of Defence Information, Tukur Gusau, said the Chief of Defence Staff (CDS), Christopher Musa, a general, has expressed happiness over the arrest of the pro-Biafra agitator.

On his part, Mr Buba, a major general, said that Mr. Ekpa’s arrest was an indication that the international community was in synergy with Nigeria in its efforts to fight terrorism.

“The CDS (Musa) has always called for the arrest of Simon Ekpa following his deep involvement in fueling terrorism in South-east Nigeria,” Buba said.

“We are delighted about his arrest and glad that the international community is partnering with Nigeria in our fight against terrorism.”

The office of the Attorney General of the Federation and Minister of Justice Lateef Fagbemi (SAN) had in early March approved the freezing of bank accounts linked to terrorism, including that of Ekpa by the Nigerian Sanctions Committee, which also designated them on the Nigeria Sanctions List citing backing of President Bola Tinubu.

The action was said to be in accordance with Section 54 of the Terrorism (Prevention and Prohibition) Act, 2022.

However, Ekpa’s counsel, Kaarle Gummerus, told the BBC that he has not received details of the extradition order. He confirmed receipt of the pre-trial case file in Finland and was waiting for the trial in May.

Int’l treaty, rights, other factors involved in Ekpa’s extradition

Reacting to the court order, a security analyst and the Managing Director of Beacon Security and Intelligence Ltd, Dr Kabiru Adamu, said if the order is confirmed, Ekpa’s extradition will be guided by any extradition treaty between Nigeria and Finland or the multilateral body, the European Union (EU).

Supporting Dr. Adamu’s submission, a former Chairman of the Nigerian Bar Association (NBA), Garki Branch, Obioma Ezenwobodo, Esq explained that “The first procedure for extradition is that there must be a reciprocal bilateral or multilateral treaty or agreement with one or many other countries for a fugitive suspect to be extradited.”

He added, “The offence being alleged against the fugitive must not be politically, religiously, racially or ethnically related. The demanding or extraditing country must establish a prima facie case against the fugitive sought to be extradited before the request could be granted.”

Analysts also noted that Nigeria must provide evidence of a fair judicial system that could guarantee a fair trial and respect for the fundamental rights of suspects before it can effectively conclude the extradition procedure.

A health remedies inventor and development analyst, Dr. Odilim Enwegbara, warned that Ekpa’s extradition from Finland could be blocked if the defendant’s legal team raises concerns about the fairness of a trial in Nigeria.

“Issues like human rights violations, lack of judicial independence, political persecution risks, and insufficient legal protections could all prevent extradition,” he said.

He said the international human rights laws, such as the European Convention on Human Rights (ECHR), guarantee the right to a fair trial (Article 6) and prohibit extradition if there is a risk of torture or inhumane treatment (Article 3).

“Additionally, the UN Convention Against Torture and the International Covenant on Civil and Political Rights (ICCPR) further protect individuals from extradition to countries such as Nigeria, where they face the threat of torture, cruel, or degrading treatment (Articles 9 and 14),” he said.

“These legal frameworks, along with precedents such as Soering v. United Kingdom and Chahal v. United Kingdom, establish that extradition can be denied if there is a credible risk of an unfair trial or inhumane treatment. If raised, these concerns could delay or ultimately prevent the extradition, with the case potentially being appealed to the Finnish Supreme Court, a process that could stretch for months or even years,” he added.

Similarly, an Abuja-based lawyer, Ali Zubairu Esq, said, “There must be evidence that the requesting country has a stable judicial system that can guarantee a fair trial and which does not allow for the detention and torture of suspects in prison facilities: the prison/correctional facilities.”

He further explained that, upon being flown into the country, the authorities would first seek a detention order for 14 days, which could be extended for another 14 days thereafter, after which charges would be filed against him, or the charges might have been filed. After that, he will be served and then arraigned.

“In detention, they will take his statement(s), which will form part of the proof of evidence to be served on him. So, most likely, the charges will not be filed until after his statement (s) have been taken in writing,” Zubairu added.

However, Dayo Akinlaja (SAN) said, despite being extradited from overseas, Ekpa would be treated like a suspect in a criminal case through arraignment and prosecution against the offences “deemed proper by the Nigerian government.”

Implications of the Finnish court order for security in Nigeria

Speaking on the implications of the arrest and extradition order on the peace in the South East and Nigeria, security expert, Adamu, noted that the order is significant because it goes to show Nigeria’s ability to influence other countries to give up fugitives to face justice.

“That this happened even when we don’t have ambassadors in these countries is worthy of celebration for the Ministry of Foreign Affairs, which is likely to be heavily involved in this, and any other parties involved in this order,” he said.

However, he noted that the possible extradition of Ekpa may not have an impact on the South East but could only provide temporary relief, as he (Ekpa with his autopilot) was only an opportunist exploiting the situation, which has other drivers.

He said the main drivers of the insecurity include: perceived marginalisation, economic hardship, climate change, and drug abuse, among others. He added that these factors are being weaponised by political actors. (Daily Trust)