[2024]DLSC17721 • July 17, 2024 • Supreme Court •
THE REPUBLIC vs. ABIOLA AYORINDE KAYODE ALIAS ABK ALIAS ABDUL RAHMAN IBRAHIM, ADEWALE ANIYELOYE, RICHARD UZUH AND BANSON
The case arose from an extradition request by the United States government for Abiola Ayorinde Kayode (alias ABK) and others, indicted in the US for engaging in a large transnational financial fraud scheme involving over 70 companies and losses exceeding 6 million dollars. The applicant was alleged to have conspired in the fraud and money laundering, using US bank accounts and electronic transfers. Extradition proceedings commenced in Ghana's District Court, Kaneshie, Accra, which referred a constitutional question to the Supreme Court regarding the applicability of the 1931 Extradition Treaty between the US and the UK to present-day Ghana.
read moreJUDGMENT KWOFIE JSC: This reference to the Supreme Court was sent by the District Court, Kaneshie, Accra who stated the question for determination as follows: “whether or not the Extradition Treaty between the United States of America and the United Kingdom which was signed on 22nd December 1931 and came into force on 24th June 1935 forms part of the laws of Ghana within the meaning of Article 11(1) (d) of the 1992 Constitution and Section 3(2) of the Extradition Act 1960 (Act 22) in the light of the fact that Article 16 of the said Treaty makes the Treaty applicable to the Northern Territories of the Gold Coast”. BACKGROUND The reference emanated from a request for extradition of the fugitive presented to Ghana by the United States (USA) government based on the Extradition Treaty between the United States of America and Great Britain which was signed on 22nd December 1931 pursuant to the indictment of the fugitive in the United States on 21st August 2019 for offences of fra...