Appealing against the decision of District Judge Coleman to send the matter to the Home Secretary to order extradition to the USA, Mr Ejinyere argued that his extradition should have been prevented by the Extradition Act 2003, s 83A, and that his extradition would in any event have been oppressive due to his mental condition.
Dismissing his appeal, the Court held that it would not be in the interests of justice to bar extradition under s 83A. Although a substantial part of Mr Ejinyere’s activity was performed in the UK, the harm/loss occurred in the USA, the evidence is ready and the USA government is ready to proceed to trial, and Mr Ejinyere’s connection to the UK was not regarded as an especially weighty factor. It further held that extradition would not be oppressive due to Mr Ejinyere’s mental condition. It considered his suicide risk to be low as, though he had spoken of it in 2017, he had never attempted it and was clear that he would not act upon such thoughts, and in any case, upon surrender for extradition, he would be properly medicated and relevant protective measures can be taken both in the UK and then the US.
Mark Summers QC was involved in this case.