A constitutional lawyer, Mr
Johnmary Jideobi, has approached the Federal High Court in Abuja, to resist any
extradition request against the Chief Executive Officer (CEO) of Air Peace, Mr
Allen Onyema, based on his alleged indictment in the United States of America.
The Applicant prayed the court to
declare that on the strength of decided case laws in the country, neither FG
nor any of its agencies with prosecutorial powers could process an extradition
request against Onyema.
The Attorney General of the
Federation and Minister of Justice, Abubakar Malami, SAN, was cited as the sole
Respondent in the suit marked FHC/ABJ/CS/1446/2019.
Specifically, the Applicant is
seeking a declaration “that the Federal Government of Nigeria and or any of its
agencies with prosecutorial powers as represented by the Respondent herein
is/are without powers to abridge the fundamental right of ALLEN IFECHUKWU ATHAN
ONYEMA, Esq. to freedom of movement as donated by Section 35 of the amended
1999 Constitution of the Federal Republic of Nigeria.
“A declaration of this Honourable
Court that on the authority of Diamond Bank PLC vs. Opara (2018)
LPELR-43907(SC) the Federal Government of Nigeria and or any of its agencies
with prosecutorial powers as represented by the Respondent herein cannot derogate
from the constitutional right of ALLEN IFECHUKWU ATHAN ONYEMA, Esq. to freedom
of movement by attempting to forcefully expel and or extradite ALLEN him from
the shores of the Federal Republic of Nigeria to any other country of the world
for the purposes of any criminal trial whose substance arose from underlying
civil aviation contracts.
“A declaration of this Honourable
Court that on the authority of Diamond Bank PLC vs. Opara (2018)
LPELR-43907(SC) the Federal Government of Nigeria and or any of its agencies
with prosecutorial powers as represented by the Respondent herein cannot give
effect to any extradition request from any country of the world in so far as
the ingredients or constituent facts of the indictment and or charges
underlying the said request are traceable to or related with or arose from
diverse civil aviation contracts entered into by ALLEN IFECHUKWU ATHAN ONYEMA,
Esq. through his duly registered companies with other duly registered companies
in other jurisdictions especially in the United States of America.
“An order of this Honourable
Court perpetually barring the Federal Government of Nigeria and or any of its
agencies with prosecutorial powers as represented by the Respondent herein
either by themselves, their servants, privies, assigns or any other person or
authority acting either in concert with them, on their behalf or under them
from giving effect to any extradition request from any country of the world in
so far as the ingredients or constituent facts of the indictment and or charges
underlying the said request are traceable to or related with or arose from
diverse civil aviation contracts entered into by ALLEN IFECHUKWU ATHAN ONYEMA,
Esq. through his duly registered companies with other duly registered companies
in other jurisdictions especially in the United States of America.
“An order of this Honourable
Court perpetually barring the Federal Government of Nigeria and or any of its
agencies with prosecutorial powers as represented by the Respondent herein
either by themselves, their servants, privies, assigns or any other person or
authority acting either in concert with them, on their behalf or under them
from attempting to use or seeking to use harass, threaten to arrest, inviting
and or arresting the Applicant in relation with the civil contract he mutually
entered into through his duly registered companies with other aviation
companies especially in the United States of America or anything connected
thereto.
“An order of this Honourable
Court barring the Federal Government of Nigeria and or any of its agencies with
prosecutorial powers as represented by the Respondent herein either by
themselves, their servants, privies, assigns or any other person or authority
acting either in concert with them, on their behalf or under them from giving
effect to any extradition request from any country of the world especially the
United States of America anchored on Exhibit US1 or any other indictment or
charges reflecting in substance similar facts as contained in the said Exhibit
US1”.
In a 6-paragraphed affidavit that
was deposed in support of the suit by one Martins Okoye, the Applicant told the
court that he is from the same state with Onyema and had known him as a
reputable businessman in the aviation sector over the years.
He maintained the Onyema’s right
to freedom would be endangered if reliefs in the suit are not granted in the
interest of justice.
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Wasting of time and resources. Nigeria has extradition agreement with the US,hence,he would be extradited to the US to defend himself. But, I read that the guy vowed to defend himself to prove his innocence. Why this legal adventure to delay proving his innocence?
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