Wednesday, February 18 2026 -The Federal High Court in Lagos has ordered the extradition of a Nigerian man, Matthew Chukwuemeka Adebiyi, also known as Matthew Adebiyi, to the United Kingdom to face trial over allegations of murder and drug-related offences.
Justice Ayokunle Faji delivered the judgment on Monday in
suit No. FHC/L/CS/416/2025, filed by the office of the Attorney-General of the
Federation.
In his ruling, Justice Faji held that the Attorney-General
of the Federation had satisfied all statutory requirements under the
Extradition Act for the surrender of the respondent.
“The applicant has met the conditions stipulated under the
Extradition Act for the surrender of the respondent. The offences for which the
respondent is sought are extraditable and are also offences under Nigerian
law,” the judge held.
The extradition application, dated February 20, 2025, and
filed on March 5, 2025, was brought pursuant to the Extradition Act, Cap. E25,
Laws of the Federation of Nigeria 2004.
The Federal Government sought Adebiyi’s surrender following
a formal request from authorities in the United Kingdom, where he is wanted in
connection with two criminal complaints bordering on murder and narcotics
offences.
Arguing the application, counsel to the AGF, O. Kupolati,
who led a team of three other lawyers, told the court that Adebiyi qualified as
a “fugitive criminal” under Section 21 of the Extradition Act, citing judicial
authorities including Orhunu v. FRN and Anuebunwa v. A.G.F.
“At this stage, the court is not called upon to determine
the guilt or innocence of the respondent,” Kupolati submitted. “The duty of the
court is to determine whether a prima facie case exists and whether the
statutory preconditions for extradition have been fulfilled.”
In support of the application, the AGF filed a
five-paragraph affidavit deposed to by a Principal Executive Officer in the
Central Authority Unit of the International Criminal Justice Cooperation
Department. Attached to the affidavit were relevant documents, including an
authenticated arrest warrant issued by a Magistrate’s Court in Croydon, United
Kingdom.
However, Adebiyi, through his counsel, Olanrewaju Ajanaku,
opposed the application, filing a counter-affidavit and written submissions.
Ajanaku argued that the extradition request violated his
client’s fundamental rights to fair hearing, personal liberty, and dignity of
the human person as guaranteed under the 1999 Constitution.
He also contended that no validly domesticated extradition
treaty existed between Nigeria and the United Kingdom, insisting that the
London Scheme for Extradition within the Commonwealth was merely administrative
and lacked the force of law.
In addition, Ajanaku told the court that his client suffered
from a chronic medical condition requiring constant monitoring, arguing that
extradition would disrupt his treatment and pose serious health risks.
He further submitted that as a Nigerian citizen with dual
nationality, Adebiyi could be tried locally if necessary.
In resolving the issues, Justice Faji struck out several
paragraphs of the respondent’s further and better counter-affidavit for
violating Section 115 of the Evidence Act.
“The affected paragraphs contain legal arguments and
conclusions which are not proper matters for affidavit evidence,” the judge
held.
On the issue of treaty domestication, the court relied on
appellate authorities to hold that the London Scheme for Extradition within the
Commonwealth had been substantially incorporated into Nigerian law through the
Extradition Act.
“Nigeria, as a member of the Commonwealth, is bound by its
international obligations under the Extradition Act,” Justice Faji stated.
The court also rejected the health-related objections,
noting that the medical report before it did not indicate that the respondent
was unfit to travel or incapable of receiving medical treatment abroad.
“Extradition proceedings do not amount to a determination of
guilt,” the judge emphasised. “The presumption of innocence remains intact and
will be tested before the appropriate court in the requesting state.”
Holding that Nigeria must not become a safe haven for
fugitives, the court granted the application and ordered that Matthew
Chukwuemeka Adebiyi be surrendered to the United Kingdom to face trial.

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