Lawyers for David Philip McDermott, the British national arrested by Ghana’s Bureau of National Investigations (BNI) over an alleged £71 million cocaine scandal in the United Kingdom (UK), are set to move a motion for injunction over the extradition of the
accused.
David Philip McDermott aka David
Smith, 42, is back in court weeks after an Accra high court, sitting with
additional responsibility as a Magistrate Court, had ordered his extradition to
the UK to stand trial over the purported drug offence.
He is wanted by the UK government
to stand trial at the Liverpool and Knowsley Magistrate’s Court for narcoti coffences in the UK.
The accused is facing three
counts of conspiracy to contravene Section 170 of the Customs and Excise
Management Act 1979, contrary to Section 1(1) of the Criminal Law Act 1977;
conspiracy to supply a controlled drug of Class A, contrary to Section 1(1) of
the Criminal Law Act 1977 and conspiracy to blackmail, contrary to Section 1(1)
of the Criminal Law Act 1977 of the UK.
The court, presided over by
Justice Merley Wood, had argued that McDermott’s extradition was in line with
the necessary legal requirements of the country.
In its ruling, the court held
that the offences with which the accused had been charged were not political in
nature, adding that they are recognisable under the laws of both countries.
But Victor Adawudu, lawyer for David, is challenging the decision by the lower court, and seeking to overturn
the extradition order.
At the high court presided over
by Justin K. Dorgu yesterday, the lawyer stated that he was just informed that
the case had been assigned to the court.
He said hearing notice was yet to
be served the Attorney General (AG), adding that he had seen the ruling of the
court and was also to file a supplementary affidavit in respect of the case.
According to Victor, his client
was still in the country because of the motion for injunction.
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