Law360 Canada (May 16, 2023, 5:55 AM EDT) -- Appeal by Prince Michael Obi from the extradition judge’s dismissal of his application to be discharged out of custody. He argued that the extradition judge erred by misapplying s. 69 of the Extradition Act (Act) and misinterpreting the court’s role in applying s. 69 of the Act. The Kingdom of Thailand (Thailand) sought the extradition of the appellant, Prince Michael Obi, for murder and theft that caused death to others, contrary to various sections of the Thai Penal Code. Obi was a Nigerian national. He was alleged to have murdered Ruenrit in Bangkok, Thailand. Obi had been in custody since his arrival in Canada shortly after the alleged offences were committed. Since then, various steps had been taken in the extradition process. The Minister of Justice (Minister) made an order surrendering Obi to Thailand on the condition that Thailand provide an adequate assurance that it would not impose or carry out the death penalty on Obi, if convicted. The record before the Court contained three separate assurances from Thailand. Given the length of time it took the Minister to obtain an adequate assurance from Thailand, Obi had made two applications to be discharged out of custody. The extradition judge denied both applications on the basis that the Minister established sufficient cause for exceeding the usual time limits in the Act for surrendering a person committed for extradition....
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