News

October 9, 2018

Health care fraud: Court gives FG 30 days to extradite alleged fugitive to US for trial

court

ABUJA—The Abuja Division of the Federal High Court, yesterday, ordered the Federal Government to, within 30 days, extradite an alleged fugitive, Ayodeji Temitayo Fatumbi (a.k.a Paul Olawale), to the United States of America, USA, to face criminal trial over his alleged involvement in health care fraud.

The court, in a judgement by Justice Nnamdi Dimgba, said it was satisfied that Fatumbi had a case to answer before the United States District Court for the Central District of California.

It okayed an application for extradition the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, filed on July 3, which indicated that the respondent has a nine-count indictment in Criminal No CR13-0324, pending against him in the US.

The AGF had in the suit marked FHC/ABJ/CS/695/2018, told the court that the respondent was wanted for trial on charges bordering on conspiracy to commit health care fraud on or about September 2003, through in or about January 2013, in violation of Title 18, United State Code, Section 1349.

However, in his reaction to the suit, the respondent filed a preliminary objection to challenge the jurisdiction of the court to grant the AGF’s request.

Counsel to the respondent, Mr. Alex Akoja, specifically urged the court to determine, “whether in the peculiar circumstances of this case and relevant laws on extradition, the applicant has placed substantial facts and materials to warrant the extradition of the respondent from his native country, Nigeria, to the United State of America and whether the application should not be declined for failure to satisfy the provisions of the law on extradition”.

While dismissing the objection, Justice Dimgba said it was not in doubt that the respondent was arrested on April 11 by operatives of the EFCC and had remained in detention until the receipt of the extradition request that led to the application by the AGF.

He said: “Having carefully examined the processes before me once more, I hereby state that I am convinced that the applicant satisfied all the above conditions necessary for the extradition of the respondent as provided in the Extradition Act.

“I hereby, therefore, issue the order for the extradition of the respondent to the United States pursuant to the provisions of the Extradition Act (Cap. E25) Laws of the Federation of Nigeria to face trial in respect of the Indictment in Case No. CR13-0323 before the United States District Court For the Central District of California filed on 09 May 2013, and this to be done no later than 30 days from the date of this judgement.

“This is the decision of this court. And I make no order as to cost,” the judge held.