The Federal Government’s attempt to extradite pro-Biafra agitator Simon Ekpa, back from Finland to face terrorism charges in Nigeria may not succeed.
According to The Africa Report, this is due to Finnish legal restrictions.
The self-declared prime minister of the Biafra Government In Exile (BRIGE) was arrested alongside four others by Finland’s National Bureau of Investigation (NBI) over terrorism related activities.
The Finnish police said they suspect that Mr Ekpa “has contributed to violence and crimes against civilians in South-eastern Nigeria.”
Nigeria’s defence chief, General Christopher Musa while reacting to the arrest, said the country will proceed to push for Ekpa’s extradition to Nigeria.
While Finland has confirmed Ekpa’s arrest, the country made it clear that, according to Finnish law, the country will not extradite its nationals outside the European Union or Nordic countries.
This further complicates Nigeria’s request since there is no extradition treaty between the two countries.
Even though Finland and Nigeria are in contact, the legal framework prohibits the transfer of citizens for trial in non-EU countries.
According to reports, everything has to be done according to Finnish legislation, which has very strong protections for freedom of speech
“The issue of an extradition treaty is very fundamental. If there is no extradition treaty between the two countries, there can be no legal basis or justification for extraditing Ekpa,” a Lagos-based lawyer Festus Ogun said.
But there’s a leeway for the Nigerian government. Finnish law allows for the revocation of citizenship under special circumstances on conviction of certain crimes which is highly unlikely in Ekpa’s case.
Meanwhile, Vince Onyekwelu, Former British Police Officer and National Security Risk Strategist said the chances of Ekpa’s extradition to Nigeria are also slim.
Onyekwelu said while appearing on Arise TV:
“Professionally speaking, the Finnish Authorities have done their due diligence and have every right to arrest Simon Ekpa. It is left for the court to look into the request by the Chief of Defence Staff to extradite Ekpa to Nigeria. However, with the absence of an extradition treaty between Nigeria and Finland, Ekpa’s extradition will seem unlikely.”
Concerns have been raised about Nigeria’s human rights record, particularly in the case of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
Kanu, a dual British and Nigerian citizen, was facing terrorism charges in Nigeria when he fled to the UK.
He was later abducted in Kenya and returned to Nigeria through extraordinary rendition.
Despite calls for his release, Kanu has been in federal custody since then.
The UK had launched an investigation into Kanu’s ordeal, but has kept a neutral position.
Finnish authorities said last year that they had been in touch with their Nigerian counterparts and were comparing notes.
“He is a [dual] citizen as far as I know of Nigeria and Finland, and he’s therefore, protected and safe and sound in his home in Finland. But we have to take his rights into consideration as well,” said Leena Pylvanainen, who was Finnish ambassador to Nigeria at the time.
“Everything has to be done according to Finnish legislation, which has very strong protections for freedom of speech,” she said.
The evidence gathered would be instrumental in prosecuting the separatist leader. Should he be convicted in Finland, it would amount to double jeopardy for him to face a fresh set of charges in Nigeria.
