The Western Cape High Court has dismissed an appeal by six Nigerian men seeking to block their extradition to the United States.
Although notices of appeal were lodged by eight men, it was noted that two of the accused were no longer proceeding with their appeals.
The judgment paved the way for a final decision by the Minister of Justice and Constitutional Development.
The Accused
The following men will remain in custody while authorities decide whether they will stand trial in the US:
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Perry Osagiede
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Enorense Izevbigie
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Franklyn Edosa Osagiede
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Osariemen Eric Clement
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Collins Otughwor
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Musa Mudashiru
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Toriseju Gabriel Otubu
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Prince Ibeabuchi Mark
The Allegations
It is alleged that between 2011 and 2021 , the Nigerian men participated in an international criminal enterprise, committing:
They allegedly defrauded individual victims in the USA, and corporate and government entities across the world, of at least $17 million (R279.2 million) .
They allegedly laundered the money by moving proceeds through various structures, entities, and banks.
The men allegedly used false aliases, “stealing” and using the identities of real people. In several alleged “romance scams,” they lured vulnerable women into believing they were in love with them, getting them to part with large sums of money.
The Appeal
At the heart of the appeal was the question of whether the principle of double criminality was satisfiedmeaning the crime for which they are sought by the US is also a crime in South Africa.
The accused contended that the magistrate erred in holding that the elements of the offences correspond to offences under South African law.
The Court’s Ruling
Judge Mark Sher and acting judge Ajay Bhoopchand AJ commented:
“The fact that SA does not have statutory offences of wire fraud and aggravated identity theft is immaterial.”
They found that the alleged conduct constitutes, in South Africa:
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The common law offence of fraud
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Statutory offences of cyber fraud and cyber forgery under the Cybercrimes Act
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Contraventions of the Prevention of Organised Crime Act (sentences of up to 30 years)
The Outcome
The judges dismissed the appeal, upholding that the men are liable to be extradited to the US and that they remain behind bars while awaiting the final decision of the Minister of Justice.
The Bottom Line
Romance scams. Identity theft. Wire fraud. Money laundering. R279 million.
Eight Nigerian men in South Africa. A US extradition request. A court that said: they must go.
Now the Minister of Justice will decide.
