The alleged members of the Neo Black Movement (NBM) of Africa , known as the Black Axe criminal syndicate , involved in large-scale fraud, have been 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
The ruling upheld the 2024 decision that the eight Nigerian nationals are liable for surrender under Section 10(1) of the Extradition Act.
The Cape Town Magistrate’s Court had found that there is sufficient evidence to warrant prosecution in the US.
The Crimes
The alleged members operated a transnational syndicate from Parklands, Cape Town , using:
They defrauded victims in the US, leading to estimated losses of nearly $7 million (R100 million) .
The Arrests
The suspects were arrested in October 2021 during a high-profile joint operation between the South African Hawks, the FBI, and the US Secret Service.
The Accused
The suspects are:
(Izevbiege and Otubu did not proceed with their appeals.)
The Arguments
The alleged members argued that the magistrate erred by focusing on the elements of the US offences, contending that the specific legal requirements for the US crimes did not perfectly match the elements of South African crimes.
They also argued that the NBM is a legitimate Pan-African organisation, denying that it is a criminal organisation or a synonym for Black Axe.
The Court’s Finding
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.
The court also dismissed arguments that the US authorities wrongfully conflated membership in the NBMA with the Black Axe criminal organisation, ruling that these details were merely “background narrative.”
The Outcome
The appeal was dismissed. The men remain in custody while awaiting the final decision of the Minister of Justice and Constitutional Development as to their surrender.
The Bottom Line
Romance scams. Business email compromise. R100 million in losses. A syndicate operating from Cape Town.
The Western Cape High Court has spoken: they must go to the US to face justice.
Now the Minister of Justice will decide.