Court orders remand of kidnap suspects for 14 days pending extradition to Dubai
By Onyewuchi Ojinnaka
Justice Deinde Dipeolu of a Federal High Court sitting in Lagos has ordered the remand of two men, Alagbado Folawiyo Abiodun and Kumuyi Kehinde Babatunde, in the custody of the Nigerian Correctional Services (NCoS) till their extradition to Dubai, United Arab Emirate, where they will face prosecution over alleged assault and kidnapping.
Justice Dipeolu made the remand order against the two men, while granting a motion Ex-parte filed and moved by Barrister Morufu Animashaun of the legal department of Force Criminal Investigation Department ForceCID Annex Alagbon-Ikoyi, Lagos, on behalf of the Inspector-General of Police (IGP).
While urging the court to grant the Ex-parte motion, Animashaun submitted that the application was brought pursuant to Sections 293 and 494 of the Administration of Criminal Justice Act (ACJA) 2015; Sections 4 and 10 of the Police Act 2020; Sections 6(6) 35(1)(C) 5 and 7(A) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under the court’s inherent jurisdiction.
The prosecutor further told the court that the motion Exparte is predicated on the following grounds: “that the extradition process against the defendants/respondents cannot be concluded within 24/48 hours as contemplated by the constitution.
“The offence(s) pursuant to the arrest of the fugitives/respondents herein are indictable offences which a State/Federal High Court is seized with the requisite jurisdiction to try.
“That this instant application/proceeding is meant to avoid a breach of the defendants constitutional right to liberty. And that it took persistent surveillance and relentless efforts by the Directorate of State Security (DSS) before the defendants could be apprehended and then handed over to the Police for their extradition
“That the defendants are flight risk and would bolt away if this remand order is not granted as their release on bail would frustrate their extradition.”
He also submitted that the application is supported with an affidavit of 10 paragraphs, a written address and several exhibits, which include; a request for an Assistance dated 6th June 2024, International Warrant of Arrest and Request for Extradition of the defendants/suspects.
Parts of the affidavit in support of the remand application, deposed to by Inspector Bryam Muhammad of the Interpol Section, FCID, Alagbon, Ikoyi, Lagos reads:
“That the fugitives who escaped from United Arab Emirate(Dubai) by virtue of which I became conversant with the facts depose to herein.
“That the defendants in this case were arrested in connection with assault and kidnapping committed at Untied Arab Emirates and request for an Assistance from the United Arab Emirate (Dubai) had been received for their extradition. Annexed and marked as Exhibit FCID A, B, C and D are certified true copy of the Request for an Assistance dated 6th June 2024, International Warrant of Arrest and Request for Extradition of the Defendants.
“That the defendants were granted bail by Magistrate Court 1 Yaba and the defendants are bent on perfecting their bails thereby frustrate their extradition.
“That the extradition process into this case cannot be completed for a period of 48 hours and this order is necessary for the lawful detention of the Defendants.
“That I was informed by O. H. Elesheku an Official of Directorate of State Security Services and I verily believe him that it took persistent surveillance and relentless efforts by the Directorate of State Security before the defendants could be apprehended and then handed over to the Police for their extradition.
“That the defendants are flight risk and would bolt away if this remand order is not granted as their release on bail would frustrate their extradition.
“That releasing the respondents/defendants on bail will interfere with the ongoing extradition process and may tamper with the case. And that the presence of the respondents/defendants with Police is necessary to help aid their extradition back to Dubai.
“That it is of utmost public interest and concern to remand the suspects/Defendants in custody of the Applicant for 14 days for a proper extradition process.”
Justice Dipeolu
After listening to Animashaun and reading through all the processes, legal authorities cited and the attached exhibits, Justice Dipeolu held that: “I find merit in the application. The application is hereby granted.
“The defendants/suspects be remanded in the custody of the Nigerian Correctional Services (NCoS) for 14 days.”
