Nigerian to Face Trial in US for Supporting Terrorism

                            Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN)

A Federal Court in Brooklyn, New York, the United States has indicted a Nigerian, Mr. Lawal Olaniyi Babafemi (also known as "Abdullah” and “Ayatollah Mustapha") for providing material support to Al-Qaeda, which is a designated foreign terrorist organisation.

Babafemi, 32, from Ijebu Ode in Ogun State, faces a minimum of 10 years in prison if convicted.

He was based in the US before he fled to Nigeria in 2012 after he realised that the Federal Bureau of Investigation (FBI) was on his tail. He was however arrested by Nigeria’s State

Security Service (SSS) and arraigned before the Federal High Court in Abuja in July 2012, based on Washington’s request for his extradition.

The local court yesterday gave the federal government the nod to extradite Babafemi to the US for trial.
The suspect is alleged to have received the equivalent of N1 million from Al-Qaeda in Arabian Peninsula (AQAP) to facilitate the recruitment and transportation of prospective members to Yemen.

According to a statement yesterday by the Office of the US Attorney, Mr. Robert Nardoza, the charges in the indictment are mere allegations, and the defendant is presumed innocent unless and until proven guilty.

The statement made available by the US Embassy in Abuja said: “According to court documents, between approximately January 2010 and August 2011, the defendant travelled twice from Nigeria to Yemen to meet and train with leaders of AQAP, the Yemen-based branch of al-Qaeda.  Babafemi assisted in AQAP’s English-language media operations, which include the publication of the magazine 'Inspire'.

“At the direction of the now deceased senior AQAP commander Anwar al-Aulaqi, Babafemi was provided by AQAP leadership with the equivalent of almost $9,000 in cash to recruit other English-speakers from Nigeria to join that group.  While in Yemen, Babafemi also received weapons training from AQAP.”

The statement said the government’s case would be prosecuted by Assistant United States Attorneys Zainab Ahmad and Hilary Jager, with assistance from Trial Attorney William M. Narus of the Justice Department’s Counter-terrorism Section and Trial Attorney Timothy Hammer of the Justice Department’s Office of International Affairs.

However, the Federal High Court sitting in Abuja yesterday set the stage for Babafemi’s trial when it ordered the federal government to extradite him to the US.

Justice Ahmed Mohammed made the order while ruling on an application by the government to hand over Babafemi to the US.
Counsel to the respondent, Olorun Ajeh, did not contest the application.

The suspect also told Justice Mohammed that he had no objection to being extradited.
In his ruling, Justice Mohammed said: "The respondent, Lawal Olaniyi Babafemi, aka Abdullah Ayatollah Mustapher, is not contesting these proceedings which are meant to extradite him to the United States of America.

"The respondent's solicitor only urged the court to take into account the fact that the respondent has been in the custody of State Security Service for over 24 calendar months that the respondent has cooperated with the local authorities in Nigeria.

"Since there is no form of any objection by the respondent, Lawal Olaniyi Babafemi aka Abdullah Ayatollah Mustapher, to the application for his extradition, this court is satisfied that the application by the attorney general for the extradition of the respondent to the United States of America is proper and in accordance with the Extradition Act, 2004.

"An order is hereby made that the respondent in this case, Lawal Olaniyi Babafemi aka Abdullah Ayatollah, be extradited to the United States of America to face the indictment against him.

"It is also ordered that the respondent, Lawal Olaniyi Babafemi aka Abdullah Ayatollah, shall be surrendered to the officials of the United States of America not later than 15 days from the order of this court.

He was charged with "conspiracy to provide support to a foreign terrorist organisation, provision and attempted provision of material support to a foreign terrorist organisation, unlawful use of firearms and conspiracy to unlawfully use firearms".