The Western Cape High Court has dismissed the extradition appeal of Nigerian nationals linked to Black Axe criminal syndicate.
Image: File Image / Pixabay
Eight Nigerian nationals accused of operating a large-scale fraud syndicate from Cape Town now face extradition to the United States after the Western Cape High Court dismissed their appeal.
The alleged members of the Neo Black Movement (NBM) of Africa, known as Black Axe criminal syndicate, were found liable for extradition to the US.
This is after the Western Cape High Court dismissed their appeal against their extradition to the US this week.
The ruling upheld the 2024 decision that the eight Nigerian nationals, who are members of the Black Axe, are liable for surrender under Section 10(1) of the Extradition Act.
This is after the Cape Town Magistrate’s Court found that there is sufficient evidence to warrant prosecution in the US, in accordance with the Act's requirements.
These members allegedly operated a transnational syndicate from Parklands, Cape Town, that used romance scams and business email compromise (BEC) schemes to defraud victims in the US, leading to estimated losses of nearly $7 million (R100 million).
The suspects were arrested in October 2021 during a high-profile joint operation between the South African Hawks, the Federal Bureau of Investigation (FBI), and the US Secret Service.
In February 2024, the Cape Town Magistrate’s Court formally ruled that the alleged members could be extradited to the US.
Following the ruling, the accused were given 15 days to appeal the order.
The alleged members argued that the magistrate erred by focusing on the elements of the US offences. They contended that the specific legal requirements for the US crimes did not perfectly match the elements of South African crimes like fraud or money laundering, and therefore, they should not be extradited.
They also submitted that to satisfy the principle of double criminality, the court must compare the legal elements of the foreign offence with the South African equivalent, arguing that if the elements did not match exactly, the person could not be extradited.
The group added that the NBM is a legitimate Pan-African organisation that aims to promote African values, culture, and social justice, denying that this is a criminal organisation, a cult, or a synonym for Black Axe.
On the other hand, the Director of Public Prosecutions argues that while the magistrate was right to find the persons extraditable, the decision should have been based on their conduct.
The suspects are: Perry Osagiede, Enorense Izevbiege, Franklin Edosa Osagiede, Osariemen Eric Clement, Collins Owhofasa Otughwor, Musa Mudashiru, Toriseju Gabriel Otubu, and Prince Ibeabuchi Mark.
However, Izevbiege and Otubu did not proceed with their appeals.
In support of the extradition request, the US authorities filed affidavits, which set out the history of the pending matters against each of the members, and by agents from the US Secret Service and the FBI, which detailed the investigations that were carried out.
In addition, copies of the indictments, which were returned by grand juries, which set out the charges for which they are to stand trial, and the warrants which were issued for their arrest, were also provided.
The first to seventh applicants were charged by the United States District Court for New Jersey on July 22, 2021, and the eighth applicant, Prince Ibeabuchi Mark, was charged by the US District Court for Eastern Texas on November 18, 2021.
The court found that any alleged irregularities during the arrests or the subsequent seizure of devices did not invalidate the original legal documents provided by the US authorities, as the evidence and the certification of the extradition request were completed before the arrests.
The court also dismissed arguments that the US authorities wrongfully conflated membership in the NBMA with the Black Axe criminal organisation. It ruled that these details were merely “background narrative” and did not affect the validity of the charges or the extradition.
“First, third, fourth, fifth, sixth and eighth appellants’ appeal against the order which was made by the magistrate of Cape Town on 19 February 2024 in terms of s10(1) of the Extradition Act, 67 of 1962 (‘the Act’), whereby 1) it was held that they are liable to be extradited to the United States of America, and 2) they were committed to prison while awaiting the decision of the Minister of Justice and Constitutional Development as to their surrender, is dismissed,” read the judgment.