A Federal High Court in Abuja on Tuesday struck out an application by Federal Government seeking to extradite Kingsley Edegbe to Netherlands to face trial for alleged human trafficking.
Justice Ahmed Mohammed in his ruling held that the case lacked merit as the court was not shown any extradition treaty between Nigeria and Netherlands.
He said, “The court has not been shown any extradition treaty between Nigeria and the Netherlands upon which the application sought could have been granted.
“The reliance on the United Nation’s convention against transnational organised crime is not an extradition treaty act as envisaged by section 1 of the extradition act of Nigeria.”
The judge also noted that “the African charter was clearly domesticated. Nigeria has extradition treaty with South Africa which has also been domesticated. This court is not prepared to hold that an extradition treaty exists between Netherlands and Nigeria when there is none.
“It is a dangerous precedent to abandon an existing law to enable the extradition of the suspect. There is no competent application before this court for the extradition of the suspect. This application is hereby struck out.”
Justice Ahmed Mohammed however, cautioned Edegbe, who suddenly shouted in celebration of the court’s ruling.
The Federal Government had through the office of the Attorney-General of the Federation filed an application for extraditing Edegbe to the Netherlands to face to enable him to face six counts of human trafficking.
Edegbe is allegedly wanted in Netherlands for belonging to an international syndicate involved in the trafficking of Nigerian girls to Netherlands for prostitution and other related acts.
Edegbe’s lawyer, Victor Ebonka, had opposed the application for extradition on the grounds that Nigeria and Netherlands had no domesticated extradition treaty.
The Nigerian government said six counts of human trafficking had been filed against Edegbe at the Netherlands’ District Court of Zwolle by the country’s National Crime Squad Team, North and East Netherlands Unit.
Other proposed charges awaiting Edegbe are abduction of minors from the authority having legal custody over them and participating in a criminal organisation.
Edegbe is said to be wanted particularly in connection with the trafficking of about six Nigerian girls, aged 25 from Nigeria to the Netherlands between 2006 and 2007.
The government’s application was filed by the Attorney General of the Federation Mohammed Adoke (SAN), who also attached to the suit, documents, including reports of investigations into the alleged activities of Edegbe and his group.
Government’s counsel, Mr. Muslim Hassan, had urged the court to grant the application in accordance with the provisions of the Extradition Act, Cap E25 Laws of the Federation 2004.
He argued that the Nigerian government was obligated under the TOC Convention, to accede to the request of the Dutch authorities have along with Nigeria signed and ratified the Convention.
Other proposed charges awaiting Edegbe are abduction of minors from the authority having legal custody over them and participating in a criminal organisation.
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