A private legal practitioner Ralph Poku Adusei, of Trent Legal (Amansie Chambers), has filed an application at the High Court aiming to stop what they claims is an illegitimate attempt by the state of hawaii to extradite his client, Benefit Adeleke Oluwadamilare (Alias Raymond), a Nigerian national, from Bekwai, ghana to the Combined States of The usa (USA). According to an affidavit in support of his application filed at the High Court docket and deposed to by one Phillip Aklade, a rules clerk of Trent Legal (Amansie Chambers), Blessing Adeleke Oluwadamilare (the Applicant) is purported to be wanted in america of America for various offences including but not limited to conspiracy to deceive and defrauding by the false pretenses.
The certificate further explains that on the thirteen August 2020, research grand jury soaking in the Northern Section of Ohio registered an indictment up against the Applicant charging him or her with violations of U. S. rules and consequently granted an arrest cause for the pressure and extradition of Blessing Adeleke Oluwadamilare. Following the requisition order from the us of America, the Minister for indoor acting through the Ghana Police Assistance Interpol Division in exercise of their powers under the Extradition Act 60, Act 22 brought on the arrest of the Applicant at the Kotoka international airport on the 12 March 2022.
The police therefore arraigned Blessing Adeleke Oluwadamilare before the district court on foundation the Remise Treaty Between the United States and United Kingdom of 22 December 1931, and the Customer was duly confessed to bail on Tuesday 15 Drive 2022 in the sum of GHc 200, 000. 00 with two sureties. The truth was thus adjourned to 4 April 2022 for hearing. Mr Oluwadamilare after meeting the bail conditions on the 18 Drive 2022 was re-arrested after his release plus it was not until the twenty-two March 2022 that the Applicant was re-arraigned before some other district court appraise from the primary the one that granted him or her bail.
“The Section Court Kaneshie, Court docket “2” during the course of a two-day hearing, established the Extradition circumstance up against the Applicant and ordered for the United states the Applicant on the 23 March, 2022 without recourse to the earlier suit titled case range B1/29/22 The Republic versus Blessing Adeleke Oluwadamilare Alias Raymond: In the make a difference of Extradition of Blessing Adeleke Oluwadamilare Alias Raymond Pursuant to the Remise Treaty Between the United States and United Kingdom of 22nd December 1931” the Affidavit registered at the Substantial Court registry today 1 April 2022 stated.
Hence, it is the contention of legal professional for Mr Oluwadamilare, that the other court docket erred because it “proceeded to determine the extradition matter, even though it weren't getting jurisdiction because the sooner suit was standing adjourned to the 4 April 2022”. “I am suggested and believe same to be true that the suit initiated earlier in the District court docket Kaneshie “Court 1” was neither taken nor discontinued before the initiation of the second suit and that the initiation of the second case without withdrawing the before case is a nullity and makes any proceedings afterwards a waste of time ab initio since a court docket of coordinate legal system cannot hear the same matter impending before another court” the Affidavit further read.
On the power of this quarrels, the attorney for the Applicant is seeking three bosse from the Higher Court. The very first is “an order of Certiorari directed at the District Court Kaneshie, Court 2 to deliver into this Honourable High Court for the purposes of being quashed and quashing the whole procedures of the twenty three March 2022 and the Extradition order duly decreed by his Lordship Oheneba-Kuffour and dated the 23 March 2022 for want of jurisdiction in the suit titled Match Number B7/105/22; Within The Matter Associated with The Extradition Associated with Blessing Adeleke Alias-name Blessing Raymond Plus In The Issue States Of The united states versus Blessing Adeleke Alias Raymond”
2nd, the Applicant is praying the Higher Court for “an order provided to the Respondents ( Lawyer General, Ghana Law enforcement Service) to regard and uphold the conditions of the decision, ruling and orders of the District Court out dated the 15 03 2022 presided over by her ladyship Ms Ama Adomako-Kwakye in District Courtroom Kaneshie, “Court 1” in suit Quantity B1/29/22 The Republic versus Blessing Adeleke Oluwadamilare Alias Raymond; In The Issue of Extradition of Blessing Adeleke Oluwadamilare Alias Raymond Pursuant towards the Extradition Treaty Between United Says and The Uk of 22nd Dec 1931”.
The final relief sought by the Applicant is “a consequential order provided to the fascinated parties to regard your decision, ruling and orders of the District Court out dated the 15 03 2022 presided over by her ladyship Ms Ama Adomako-Kwakye in District Courtroom Kaneshie, “Court 1” in suit Simply no. B1/29/22 The Republic versus Blessing Adeleke Oluwadamilare Alias Raymond; When it concerns Extradition of True blessing Adeleke Oluwadamilare Alias-name Raymond Pursuant to The Extradition Treaty Between the Usa and The Usa Kingdom of twenty two December 1931 and release the candidate on bail as ordered by the court”.
