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A private legal practitioner, Ralph Poku Adusei, has filed an application at the Accra High Court, seeking to stop what he says is an illegal attempt by the State to extradite his client, Blessing Adeleke Oluwadamilare, a Nigerian, from Ghana to the United States of America (USA).
According to an affidavit in support of the application, the applicant, also known as Raymond, was alleged to be wanted in the USA for various offences, including conspiracy to defraud and defrauding by the false pretenses.
The affidavit said that on August 13, 2020, a federal grand jury sitting in the Northern District of Ohio, filed an indictment against the applicant and charged him with violations of U.S. law and issued a warrant for the apprehension and extradition of Oluwadamilare.
The affidavit said that following the requisition order from the USA, the Minister for The Interior, acting through the Ghana Police Service Interpol Division, caused the arrest of the applicant at the Kotoka International Airport, on March 12, 2022.
It said the police arraigned Oluwadamilare before the district court on the basis of the Extradition Treaty between the U.S. and United Kingdom of December 22 1931, and the applicant was granted GH ¢200,000.00 bail with two sureties on Tuesday, March 15, 2022. The case was adjourned to 4 April, 2022, for hearing.
Mr Adusei said his client satisfied the bail condition on March 18, but was re-arrested after his release, and it was not until March 22, 2022 that the applicant was re-arraigned before a different district court other than the first one that granted him bail.
He said the second court, Kaneshie District Court, determined the extradition case against Oluwadamilare in the course of two days hearing without recourse to the case before the other court that granted his client bail.
Mr Adusei argued that the second court erred when it “proceeded to determine the extradition matter, even though it lacked jurisdiction.”
He asked the High Court for an order of Certiorari directed at the District Court Kaneshie, “Court 2”, to bring before it for the purposes of being quashed and quashing the entire proceedings of March 23, 2022 and the Extradition order duly decreed by Mr Oheneba-Kuffour, dated March 23, 2022 for want of jurisdiction.
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