Western Cape High Court rules against Black Axe 'romance scammers' in extradition case
The Western Cape High Court has dismissed the extradition appeal of Nigerian nationals linked to Black Axe criminal syndicate.
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The alleged members of the Neo Black Movement (NBM), known as the Black Axe criminal syndicate, involved in large-scale fraud, were found liable for extradition to the US after the Western Cape High Court dismissed their appeal this week.
The ruling upheld the 2024 decision that the eight Nigerian nationals, who are members of the Black Axe, are liable for surrender under Section 10(1) of the Extradition Act.
This is after the Cape Town Magistrate’s Court found there is sufficient evidence to warrant prosecution in the US, in accordance with the Act's requirements.
The members allegedly operated a transnational syndicate from Parklands, Cape Town, that used romance scams and business email compromise (BEC) schemes to defraud victims in the US, leading to estimated losses of nearly $7 million (R100 million).
The suspects were arrested in October 2021 during a high-profile joint operation between the South African Hawks, the Federal Bureau of Investigation (FBI), and the US Secret Service.
In February 2024, the Cape Town Magistrate’s Court formally ruled that the alleged members could be extradited to the US.
Following the ruling, the accused were given 15 days to appeal the order.
The alleged members argued that the magistrate erred by focusing on the elements of the US offences.
They contended that the specific legal requirements for the US crimes did not perfectly match the elements of South African crimes like fraud or money laundering, and therefore, they should not be extradited.
On the other hand, the Director of Public Prosecutions argued that while the magistrate was right to find the persons extraditable, the decision should have been based on their conduct.
The suspects are: Perry Osagiede, Enorense Izevbiege, Franklin Edosa Osagiede, Osariemen Eric Clement, Collins Owhofasa Otughwor, Musa Mudashiru, Toriseju Gabriel Otubu, and Prince Ibeabuchi Mark.
However, Izevbiege and Otubu did not proceed with their appeals.
In support of the extradition request, the US authorities filed affidavits, which set out the history of the pending matters against each of the members, and by agents from the US Secret Service and the FBI, which detailed the investigations that were carried out.
In addition, copies of the indictments, which were returned by grand juries, which set out the charges for which they are to stand trial, and the warrants which were issued for their arrest, were also provided.