Olayiwola Matthew
The Federal High Court in Lagos has ordered the extradition of a Nigerian man, Matthew Chukwuemeka Adebiyi, also known as Matthew Adebiyi, to the United Kingdom to face trial over allegations of murder and drug-related offences.
Justice Ayokunle Faji delivered the judgment on Monday in suit No. FHC/L/CS/416/2025, filed by the office of the Attorney-General of the Federation.
In his ruling, Justice Faji held that the Attorney-General of the Federation had satisfied all statutory requirements under the Extradition Act for the surrender of the respondent.
“The applicant has met the conditions stipulated under the Extradition Act for the surrender of the respondent. The offences for which the respondent is sought are extraditable and are also offences under Nigerian law,” the judge held.
The extradition application, dated February 20, 2025, and filed on March 5, 2025, was brought pursuant to the Extradition Act, Cap. E25, Laws of the Federation of Nigeria 2004.
The Federal Government sought Adebiyi’s surrender following a formal request from authorities in the United Kingdom, where he is wanted in connection with two criminal complaints bordering on murder and narcotics offences.
Arguing the application, counsel to the AGF, O. Kupolati, who led a team of three other lawyers, told the court that Adebiyi qualified as a “fugitive criminal” under Section 21 of the Extradition Act, citing judicial authorities including Orhunu v. FRN and Anuebunwa v. A.G.F.
“At this stage, the court is not called upon to determine the guilt or innocence of the respondent,” Kupolati submitted. “The duty of the court is to determine whether a prima facie case exists and whether the statutory preconditions for extradition have been fulfilled.”
In support of the application, the AGF filed a five-paragraph affidavit deposed to by a Principal Executive Officer in the Central Authority Unit of the International Criminal Justice Cooperation Department. Attached to the affidavit were relevant documents, including an authenticated arrest warrant issued by a Magistrate’s Court in Croydon, United Kingdom.
However, Adebiyi, through his counsel, Olanrewaju Ajanaku, opposed the application, filing a counter-affidavit and written submissions.
Ajanaku argued that the extradition request violated his client’s fundamental rights to fair hearing, personal liberty, and dignity of the human person as guaranteed under the 1999 Constitution.
He also contended that no validly domesticated extradition treaty existed between Nigeria and the United Kingdom, insisting that the London Scheme for Extradition within the Commonwealth was merely administrative and lacked the force of law.
In addition, Ajanaku told the court that his client suffered from a chronic medical condition requiring constant monitoring, arguing that extradition would disrupt his treatment and pose serious health risks.
He further submitted that as a Nigerian citizen with dual nationality, Adebiyi could be tried locally if necessary.
In resolving the issues, Justice Faji struck out several paragraphs of the respondent’s further and better counter-affidavit for violating Section 115 of the Evidence Act.
“The affected paragraphs contain legal arguments and conclusions which are not proper matters for affidavit evidence,” the judge held.
On the issue of treaty domestication, the court relied on appellate authorities to hold that the London Scheme for Extradition within the Commonwealth had been substantially incorporated into Nigerian law through the Extradition Act.
“Nigeria, as a member of the Commonwealth, is bound by its international obligations under the Extradition Act,” Justice Faji stated.
The court also rejected the health-related objections, noting that the medical report before it did not indicate that the respondent was unfit to travel or incapable of receiving medical treatment abroad.
“Extradition proceedings do not amount to a determination of guilt,” the judge emphasised. “The presumption of innocence remains intact and will be tested before the appropriate court in the requesting state.”
Holding that Nigeria must not become a safe haven for fugitives, the court granted the application and ordered that Matthew Chukwuemeka Adebiyi be surrendered to the United Kingdom to face trial.