A Federal High Court in Lagos on Tuesday restrained the Nigerian Police from extraditing one James Tillery, an American who naturalised in Nigeria.
The police attempted to extradite Tillery to the U.S. on Aug. 13.
He had challenged the planned extradition requested by the America’s Federal Bureau of Investigations.
Tillery was alleged to have committed some sundry offences in the U.S. between 2003 and 2005, but he argued that the FBI did not follow due process in seeking his extradition.
In a ruling, Justice Mohammed Idris held that Tillery’s arrest by the Interpol on Aug. 13 and his subsequent detention violated his fundamental right to liberty.
Idris, who ruled on Tillery’s application for the enforcement of his fundamental rights, said that his arrest and detention did not comply with the provisions of the Extradition Act.
The judge awarded N10 million cost against the police and ordered it to release Tillery from its custody immediately.
He held that the arrest and detention of Tillery, pursuant to the request of a U.S. District Court in Texas, was unconstitutional, null and void.
Idris ruled that Nigeria was a responsible member of the international community and that it would always respect its treaty obligations.
Tillery had argued through his counsel, Tayo Oyetibo, that the U.S. government did not show respect for Nigeria’s law in the planned extradition.
Oyetibo said The arrest of Tillery by the Nigerian Police on the authority of a U.S. District Court and handing him over to the FBI is preposterous.
Oyetibo said the detention was an affront to Nigeria’s sovereignty and an infringement of Tillery’s rights.
He had urged the court to protect the rights of the applicant and order his immediate release from detention.
According to him, the extradition violated Sections 5 and 6 of the Extradition Act Cap E25, Laws of the Federation.
There was no written request addressed to the Attorney-General of the Federation by any consular officer of the U.S. Embassy,’’ he added.
Counsel to the Police, Susan Ezema, had submitted that the applicant was arrested because of the treaty between the U.S. and Nigeria.
She said the applicant was arrested as an American and that Interpol was empowered to hand over a country’s citizen to the requesting country.
Tillery was arrested in his office on Victoria Island, Lagos and detained at the Force Criminal Investigation Department, Alagbon Close, Ikoyi.
The attempt to extradite Tillery to the U.S. was aborted by the Nigeria Immigration officials at the Murtala Muhammed International Airport, Ikeja.
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