Justice
Department of the United States of America (USA) is relying on the
extradition treaty between her and Nigeria to get Michael Abiodun Bakare
back on her soil to face multiple criminal charges of conspiracy, money
laundering and stealing of over $20 million (N2.6 billion).
Bakare is presently being detained at the Awolowo Road, Lagos office of the Economic And Financial Crimes Commission (EFCC).
Bakare is
wanted in USA on indictments already filed before District Court in the
district of Maryland, on charges of conspiracy bank fraud, interstate
transportation of money obtained by fraud, conspiracy to commit money
laundering, money laundering, aiding and abetting.
A warrant for his arrest was issued on May 24, 2004, by the district court.
There was an
extradition treaty signed between USA and Great Britain in December 22,
1931, made applicable to Nigeria on June 24, 1935, which was later
gazetted with the Federal Republic of Nigeria Extradition Decree of
1966.
Abiodun Bakare
a.k.a Abi, Muyiwa Jones, Mike Jones and Bernard Jones, according to the
Department of Justice, is a leader of a group of individuals who
committed bank frauds in various states in the USA.
To carry out
their scheme, the gang obtained certain documents, including cheques,
social security certificates, driver’s licences and credit cards of
unsuspecting victims.
Kafayat
Folashade Harris, currently in detention in the United States, is
suspected to be the anchor-leg of the gang. It was learnt that she used
her employment with a Maryland dental outfit to obtain confidential
information on the bank account of members, credit cards etc of rich
clients who visited the clinic.
She would then
pass the same to the gang leader, Bakare, to use in defrauding the
victims through a complicated inter-bank movement of funds.
To cover their
tracks, the gang was suspected to have used addresses of vacant
residence or addresses of unsuspecting individuals as mailing addresses.
They deposited
forged or stolen cheques to withdraw funds from the accounts so opened
into another equally dubious account in another state using Automatic
Teller Machines. Specifically, they transported the proceeds from the
state of Virgins to Maryland. They use the money to purchase U.S postal
money order at the post office in Maryland or used the fraudulently
obtained credit cards to purchase merchandise, which they allegedly
shipped to Nigeria.
The Federal
Bureau of Investigation (FBI) had kept tap on the gang for sometime and
on May 5, 2004, Secret Service Agent, James Cancannon attempted to
single handed arrest Bakare. It almost cost him his life. Bakare
resisted the arrest and jumped into his car. The secret agent attempted
to block him, but the suspect almost ran his car over the agent. The
agent fired his service pistol at Bakare and slightly wounded him.
Bakare escaped from the scene in his car and eventually fled to Nigeria.
Meanwhile on
Thursday, September 28, 2006, crack agents of EFCC who had been on
Bakare’s trail following a report by the government of the United
States, eventually cornered him in Lagos and detained him at the Awolowo
Road, Lagos office of the anti-scam agency.
In a twist of
event, President of the Nigerian Bar Association (NBA) and lawyer to
Bakare, Mr. Olisa Agbakoba (SAN) slammed suit No. FCH/L/CS/838/2006
against EFCC and the Attorney-General of the Federation, asking among
other things, for a declarative order that the arrest of Bakare without
warrant was unlawful and a violation of his fundamental rights to
liberty, freedom of movement and life as guaranteed under section 35 of
the constitution.
He also asked
for an order that the arrest of Bakare for the purpose of extradition
for alleged crime committed in the USA, without following the due
process as stipulated in the Extradiction Act is unlawful and a
violation of his personal liberty as guaranteed under 1999 Constitution
and the African Charter on Human and People’s Rights.
Subsequently,
Agbakoba asked for an order directing the immediate release of the
applicant by the EFCC. He argued that Bakare was arrested without a
warrant of arrest and "unjustifiably" detained and that a written
statement was extracted from him in the absence of his legal
representative and that EFCC and the Attorney-General of the Federation
have refused to release Bakare on bail or arraign him before a court of
competent jurisdiction.
He urged the
court to grant the unconditional release of Bakare as what EFCC was akin
to a holding charge awaiting the Attorney-General’s application for
extradition.
Lawyer to EFCC,
Mr. Seidu Atteh, opposed the application, arguing that Bakare was
indicted by a court in United States District of Maryland for fraud and
committing an assault on a Federal agent, secret service agent James
Cancannon, aiming his automobile at the agent and attempting to run him
over.
Atteh said a
warrant for the arrest of Bakare was duly issued by the United States
District Court for the District of Maryland on May 24, 2004, but could
not be effected because Bakare fled the USA before he could be
interdicted.
Atteh said he
had confirmed from the Attorney-General’s office that an extradiction
request had been received by the Attoeny-General and that he
(Attorney-General) had resolved that the matter be filed in court in
line with the procedure laid down under the Extradition Act.
Atteh argued
that the issues for consideration by the court are whether there is a
valid complaint of crime against Bakare, which justified his arrest and
detention. He submitted that the fundamental rights of a citizen are not
absolute.
In his ruling,
Justice Mohammed Shuaiby said, "it is beyond any pre-adventure that the
applicant (Bakare) in the instant case was arrested and detained based
on a complaint that he has committed an offence in the USA and that a
process of his extradition is on course. Thus, the applicant is a
fugitive criminal within the meaning of section 21(1) of the Extradition
Act; Cap 125 LFN 1990. A fugitive is defined to mean one who flees;
used in criminal law with the implication of a flight, evasion or escape
from arrest; prosecution or imprisonment.
"The law is
also trite that by virtue of section 10(1) (F) of the Criminal procedure
Act, any Police officer may; without an order from a magistrate and
without a warrant; arrest any person whom he suspects upon reasonable
ground of having been concerned in any act committed at any place of
Nigeria, if committed in Nigeria, would have been punishable as an
offence; and for which he is under any enactment in force in Nigeria;
liable to be apprehended and detained in Nigeria.
It is also
apparent that the first respondent is pursuant to Section 6 of the EFCC
Act empowered to collaborate with government bodies both within and
outside Nigeria in carrying on its functions. Specifically the 1st
respondent that is EFCC, is responsible for dealing with matters
connected with extradition, deportation and mutual legal or other
assistance between Nigeria and any other country involving EFCC.They as
well maintain a liaison with the office of the Attorney General of the
Federation and other federal agencies involved in the activities of the
EFCC.
In the light of
the above and considering the uncontroverted averments in paragraphs 12
and 15 of the counter-affidavit; the arrest of the applicant is
permitted by law. And on the face of the clear and unambiguous content
of extradition (United States of America) Order 1967; the procedure
leading to the applicant’s arrest does not in my respectful view offend
any law. It is also significant to note at this juncture that the
provision of Section 6 of the Extradition Act merely states the
procedure for surrender of a Fugitive Criminal and Powers of the
Attorney-General thereon.
It does not
contemplate the powers of the police officer (inclusive of the officer’s
of the 1st respondent) to arrest and detain person(s) reasonably
suspected to have committed a criminal offence or prevent him from
committing a criminal offence.In any event, it is not the extradition
application that is before this Court but a complaint respecting the
arrest and the detention of the applicant.Thus the applicant’s
contention that the arrest and detention is akin to a holding charge
does not hold waters because the arrest and detention in the instant
case is legally rooted. The applicant in the circumstance cannot rely on
section 6 of the extradition act.
I have held
else-where in this ruling that the arrest and detention of the applicant
is for the purpose of bringing him before a court in execution of the
warrant issued in United States of America and also based on reasonable
suspicion of committing an offence in United States of America which
offence(s) are also punishable in Nigeria. That being the position; the
Applicant’s arrest and detention is in-according with Section 35 (1) of
the Constitution of the Federal Republic of Nigeria 1999 and thus the
Applicant’s contention that he ought to be taken to court within 2 days
is a clear misrepresentation of the law.
In the light of
the above and considering the surrounding circumstances of the case the
arrest and eventual detention of the applicant is justified in
law.Consequently, the application is without any merit and is hereby
dismissed.Apparently dissatisfied with the ruling, . Agbakoba has lodged
an appeal at the Court of Appeal, in Lagos.He has also written to the
Chief Judge of the Federal High Court, asking that the matter be
transferred from Justice Shuaibu’s court to another judge.culled
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