YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Lagos delivered on the 13th July, 2012 wherein the Court dismissed an application brought by the Appellant seeking to extradite the Respondent on a diplomatic request from the United States of America on indictment, in Case No.11-CR0299 filed on the 28th April, 2011 for the offences of conspiracy to commit wired fraud and conspiracy to commit identity theft all in violation of United States of America Law. The Appellant dissatisfied with the judgment filed a Notice of Appeal on the 16/7/12 setting out four grounds of appeal.
The Appellant filed an application duly supported by an affidavit and exhibits which inter alia included a certified true copy of the indictment issued against the Respondents, certified true copy of the warrant of arrest issued by the United States District Court for the arrest of the Respondent and a photograph of the Respondent…