Mr. Kalu sought judicial review of the Minister of Justice's surrender order for his extradition to the United States on charges of mail fraud and money laundering.
He argued the surrender would violate his s. 7 Charter rights and be unjust or oppressive due to risks of systemic racism in the US, potential deportation to Nigeria, and the impact on his family.
The Court of Appeal applied a reasonableness standard of review, finding the Minister's decision fell within a range of reasonable outcomes.
The court dismissed Mr. Kalu's fresh evidence and rejected his new argument regarding pre-trial custody credit, affirming that such credit is a matter for the sentencing stage in the requesting state.
