GALADIMA, J.C.A. (Delivering the Leading Judgment): This is a consolidated appeal against the interlocutory decisions of the Federal High Court, Lagos, delivered by Shuaibu, J. on the 25/11/2002 and 19/2/2003 refusing to strike out the substantive application of the respondent for the extradition of the appellant to the United States of America.
On 29/7/2002, the Honourable Attorney-General of the Federation, in his application, asked the Federal High Court to deal with the request of the United States of America for the offence of health care fraud, aiding and abetting by the appellant. He was sentenced by Judge Edward C. Prado on 11/10/2001 in absentia at the United States District Court, for the Western District of Texas to 87 months, 3 years supervised released, $1,061,110.55 in restitution and a special assessment of $300.
When the matter came up for the first time before Shuaibu, J. on 28/10/ 2002, the appellant through his counsel raised a preliminary objection challenging the …