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 narcotic offences 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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