The Complex Road to Extradition: Simeon Ekpa’s Case

Is the extradition of Simeon Ekpa to Nigeria from Finland possible?

By @⁨+234 803 349 0404⁩

On 22 November 2024, international media reported that the self-proclaimed and self-styled Prime Minister of the illegal Republic of Biafra, Simeon Ekpa, has been arrested and charged in court in Finland for incitement to terrorism against Nigeria. Social media has been abuzz with speculation on the next line of action by Nigeria.

Additionally, it was reported that the Nigerian Chief of Staff stated that the Federal Government of Nigeria would request Ekpa’s extradition from Finland to Nigeria to stand trial. Currently, it is unclear whether Nigeria and Finland have an extradition treaty.

What is an extradition treaty?
An extradition treaty is a formal agreement between two or more countries that governs the transfer of individuals from one country to another to face trial or serve a sentence for a crime committed in the requesting country.

Without an extradition treaty, Ekpa’s extradition would be impossible.
Extraditing a criminal involves a complex process between countries, governed by extradition treaties, national laws, and international norms.
Be that as it,the extradition of criminals by countries that have not signed a treaty is still possible in certain circumstances under international law.

1. Multilateral conventions (e.g., UN Convention against Transnational Organized Crime);
2. Bilateral agreements or memoranda of understanding (MOUs);
3. Reciprocity (exchange of fugitives based on mutual interest);
4. Executive agreements (non-legally binding arrangements);
5. International organizations’ facilitation (e.g., Interpol, UNODC).

Nigeria has signed United Nations Conventions on terrorism, terrorism financing, drugs and narcotics, money laundering, etc. Whether the case of Ekpa falls among these exceptions is difficult to determine at this time.

Extradition Process:
1. Identification: You have to identify the fugitive and their location.
2. Request: The requesting country prepares an extradition request, including: the identity of the fugitive – Crime description – Relevant laws and penalties – And evidence 3. Treaty verification: Ensure an extradition treaty exists between the requesting and requested countries.
4. Formal request: Submit the request to the requested country’s authorities.
5. Arrest: The requested country arrests the fugitive.
6. Extradition proceedings: A court in the requested country reviews the extradition request.
7. Decision: The court decides whether to grant extradition.
8. Appeals: The fugitive may appeal the decision.
9. Transfer: If extradition is granted, the fugitive is…

Requirements for Extradition:
1. Dual criminality: The crime must be punishable in both countries.
2. Extraditable offense: The crime must be listed in the extradition treaty.
3. Evidence: Sufficient evidence to support the extradition request.
4. No political offense: The crime can not be considered a political offense.

Cases of failure of extradition requests concerning Edward Snowden and
Julian Assange illustrates the difficulty of extradition requests.

@⁨+234 803 349 0404⁩