US Justice Department says it will consider formal extradition request for Obanikoro

FORMER minister of state for defence Senator Musiliu Obanikoro faces being extradited from the US to face corruption charges in Nigeria after Washington's Department of Justice revealed that it would consider a formal request that he be handed over.

 

Senator Obanikoro has been indicted by the Economic and Financial Crimes Commission (EFCC) for receiving money meant for arms purchases through the office of the national security adviser Col Sambo Dasuki. Investigations reveal that about N4.745bn (£16.5m) worth of curious transfers were made into the account of a company of which Senator Obanikoro's two sons Babajide and Gbolahan, were directors.

 

Since leaving office last year, senator Obanikoro has fled to the US where he currently lives and last week, he dared the Nigerian government to extradite him. However, the US Justice Department has said he could be extradited to stand trial as long as the federal government follows the due process to make this possible.

 

Also last week, EFCC officials raided Senator Obaniokoro's Lagos home and made away with cars and other valuables. Following the raid, Peter Carr, a US Department of Justice, spokesman, said the former minister’s extradition from the US was possible provided the Nigerian government did the needful.

 

Mr Carr said: "Within the existing statutory and treaty framework, the US is generally ready to extradite its citizens, assuming that the requirements are met. The fact of dual nationality with Nigeria would be irrelevant in this context."

 

Senator Obanikoro is also a US citizen and thus has dual nationality. Quoting Article 8 of the extradition treaty, Mr Carr said it specifies that extraditions will comply with the laws of the requested country, i.e. the place where the fugitive is found.

 

International legal expert Professor Roger Clark of Rutgers University School of Law, added: "The United States has no problem extraditing its nationals, provided there is a treaty. Some countries in Western Europe are reluctant to extradite their own citizens but common law countries don’t usually have a problem once legal processes are followed."

 

He added that common law countries, including Nigeria, will often fall under the same treaty that outlines reciprocal and mutually agreed on rules for extraditing their nationals. Professor Clarke pointed out that the treaty was signed into force in 1935 when Nigeria was still under colonial control by Great Britain and it remained in effect till today.