EXTRADITION ACT CAP. 125 L.F.N. 1990 ACT CAP. E25 L.F.N. 2004

ARRANGEMENT OF SECTIONS

Application of Act.

1. Power to apply Act by order.

2. Application of Act to Commonwealth countries.

Restrictions on surrender of fugitives

3. Restrictions on surrender of fugitives.

4. Offences under Military law.

Surrender of fugitives

5. Liability of fugitives to surrender.

6. Request for surrender, and powers of Attorney-General thereon.

7. Power of magistrate to issue warrant on receipt of order under section 6.

8. Power of magistrate to issue provisional warrant.

9. Hearing of case by magistrate and committal or discharge of prisoner.

10. Surrender of fugitive in due course after committal.

11. Postponement of surrender of fugitives. ,

12. Discharge of fugitive if not removed from Nigeria within limited time.

13. Seizure and surrender of property.

14. General power pf Attorney-General to order release of fugitive.

Fugitive surrendered to Nigeria not triable for previous crimes

15. Fugitive surrendered to Nigeria not triable for previous crimes.

Transit of surrendered fugitives through Nigeria

16. Transit of surrendered fugitives through Nigeria.

Evidence

17. Duly authenticated documents to be received in evidence.

18. Taking of evidence in Nigeria for use abroad.

General

19. Forms.

20. What constitutes an extradition offence.

21. Interpretation;

22. Saving for proceedings begun before commencement of Act.

23. Short title.

FIRST SCHEDULE

COUNTRIES IN RESPECT OF WHICH ORDERS UNDER SECTION 1 ARE IN FORCE

SECOND SCHEDULE

FORMS FOR USE FOR PURPOSES OF THIS ACT

CHAPTER 125

EXTRADITION ACT

An Act to repeal the former Extradition Laws made by or applicable to Nigeria and to make more comprehensive

provisions for extradition of fugitive offenders for Nigeria.

[31st January, 1967]

Application of Act

1. (1) Where a treaty or other agreement (in this Act referred to as an extradition agreement) has been made by

Nigeria with any other country for the surrender by each country to the other, of persons wanted for prosecution or

punishment, the National Council of Ministers may by order published in the Federal Gazette apply this Act to that country.

(2) An order under subsection (1) of this section shall recite or embody the terms of the extradition agreement,

and may apply this Act to the country in question subject to such conditions, exceptions and qualifications as may be

specified in the order.

(3) While an order under subsection (1) of this section is in force in respect of any country this Act shall apply to that country subject to the provisions of the order and to the terms. of the extradition agreement as recited or embodied therein

(4) The power to vary an order, made under subsection (1) of this section shall Include power; where the terms of the relevant extradition agreement have been varied, to amend so much of the order as recites or embodies those terms; and if an extradition agreement to which an order relates is determined or otherwise ceases to have effect, the National Council of Ministers shall forthwith revoke the order.

(5) Every order made under subsection (1) of this section, which applies this Act to any country, shall include a provision inserting in the First Schedule of this Act, an entry consisting of the name of that country and the year and number of the Legal Notice containing the order; and where any such order is varied or revoked, the varying or revoking order shall include a provision amplifying or deleting the relevant entry in that Schedule, as the case may require.

(6) An order under this section, applying this Act to a country with which an extradition agreement is in force on the date on which this Act is made, may be made at any time after that date, but shall not come into force before 'the commencement of this Act.

2. (1) Subject to the provisions of this section, this Act shall apply to every separate country within the Commonwealth.

(2) For the purposes of this Act each of the following areas shall be treated as constituting a separate country within the Commonwealth, that is to say-

(a) each sovereign and independent country within the Commonwealth together with such (if any) of that country's dependent territories, as the National Council of Ministers may by order published in the Federal Gazette designate as forming part of that country for the purposes of this Act; and

 (b) each country within the Commonwealth which not being sovereign and Independent, IS not a territory for the time being designated under paragraph (a) of) this subsection as forming part of some other country for the purposes of this Act.

(3)An order under subsection (2) (a) of this section designating a dependent territory as forming part of a sovereign and independent country shall be made if, but only if, that country has signified to the Federal Government that it. desires that territory to be so designated for the purposes' of this Act.

(4) If it appears to the National Council of Ministers that the law of a country to which this Act applies by virtue of subsection (1) of this section no longer contains provisions substantially equivalent to the provisions of this Act, as it applies to countries within the Commonwealth, the National Council of Ministers may by order published in the Federal Gazette direct that this Act shall apply in relation to that country with such modifications (whether by way of addition, alteration or omission) as may be specified in the order; and where an order under this subsection is in force with respect to any country, this Act shall have effect in relation to that country with the modifications specified in the order.

(5) In the case of a country to which this Act applies by virtue of subsection (1) of this section, that fact shall not prevent an order from being made under section 1 (1) of this Act in respect of that country if an extradition agreement is made with that country, and on the coming into force of an order under section 1 (1) of this Act in respect of such a country, this section shall cease to apply to that country and any order made under subsection (4) of this section in respect of that country shall cease to have effect.

Restrictions on surrender of fugitives

3. (1) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that the offence in respect of which his surrender is sought is an offence of a political character

(2) A fugitive criminal shall not be surrendered if it appears to the Attorney-General or a court dealing with the case-

- (a) that the request for his surrender, although purporting to be made in respect of an extradition Crime, was in fact made for the purpose. of prosecuting or punishing him on account of his race; religion, nationality or political opinions or was otherwise not made in good faith or in the interests of justice; or

(b) that, if surrendered, he is likely to be prejudiced at his trial, or to be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

(3) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, by reason of

(a) the trivial nature of the offence for which his surrender is sought; or

(b) the passage of time since the commission, of the offence, it would, having regard to all the circumstances in which the offence was committed, be unjust or oppressive, or be too severe a punishment, to surrender the offender.

(4) A fugitive criminal shall, not  be surrendered if the Attorney-General or a court dealing with the case is satisfied that, whether in Nigeria or elsewhere, he-

(a) has been convicted of the offence for which his surrender is sought; or

(b) has been acquitted thereof, and that, in a case falling within paragraph (a) of this subsection, he is not unlawfully at large.

(5) A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.

(6) A fugitive criminal-

(a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or

(b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.

(7) A fugitive criminal shall not be Surrendered to any country unless the Attorney-General is satisfied that provision is made by the law of that country, or that special arrangements have been made, such that, so long as the fugitive has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried in that country for any offence committed before his surrender other than any extradition offence which may be proved by the facts on which his surrender is granted.

(8) A fugitive criminal shall not be surrendered until the expiration of the period of fifteen days beginning with the day on which he is committed to prison to await his surrender.

(9) In this section, a court dealing with the case, in relation to a fugitive criminal, means any magistrate dealing with the fugitive's case in pursuance of section 8 of this Act or any court before which the fugitive is brought on or by virtue of an application made by him or 'on his behalf for a writ of habeas corpus.

4. (1) A fugitive criminal may be surrendered notwithstanding that the Attorney-General or a court dealing with the case is satisfied that the offence constitutes an offence only under military law or a law relating only to military obligations.

(2) In this section, a court dealing with the case in relation to a fugitive criminal means any magistrate dealing with the fugitive's case in pursuance of section 8 of this Act or any court before which the fugitive is brought on or by virtue of an application made by him or on his behalf for a writ of habeas corpus.

Surrender of fugitives

5. Every fugitive criminal of a country to which this Act applies shall, subject to the provisions of this Act be liable  to be arrested and surrendered in the manner provided by this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act or the application of this Act to that country, and whether or not there is. concurrent jurisdiction in any court in Nigeria over that offence.

6. (1) A request for the surrender of a fugitive criminal of any country shall be made in writing to the Attorney-  General by a diplomatic representative or consular officer of that country and shall be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country.

(2) Where such a request is made to him, the Attorney-General may by an order under his hand signify to a magistrate that such a request has been made and require the magistrate to deal with the case in accordance with the provisions of this Act, but shall not make such an order if he decides on the basis of information then available to him that the surrender of the fugitive criminal is precluded by any of the provisions of subsections (1) to (7) of section of this Act.

(3) Except in so far as an extradition agreement in force between Nigeria and the requesting country otherwise provides, the Attorney-General may refuse to make an order under this section in respect of any fugitive criminal who is a citizen of Nigeria.

(4) If the surrender of the same fugitive criminal is requested in accordance with this section by more than one country, whether for the same offence or different offences, the Attorney-General shall determine which request is to be accorded priority, and accordingly may refuse the other request or requests; and in determining which request is to be accorded priority, the Attorney-General shall have regard to all the circumstances of the case, and in particular

(a) the relative seriousness of the offences, if different;

(b) the relative dates on which the requests were made; and

(c) the nationality of the fugitive and the place where is ordinarily resident

7. (1)A warrant for the arrest of a fugitive criminal, whether accused of or unlawfully at large after conviction of

an extradition offence, may be 'issued by a magistrate on receipt of an order of the Attorney-General under section 6 of this Act relating to the fugitive, if such evidence is produced as would in the opinion of the magistrate justify the issue of the warrant if the offence in question had been committed in Nigeria or the fugitive had been convicted of it in Nigeria.

(2) A warrant issued under this section may be executed anywhere in Nigeria.

(3) A fugitive criminal arrested on a warrant issued under this section shall be brought before a magistrate as soon as is practicable after he is so arrested.

8 (1) A provisional warrant for the arrest of a fugitive criminal, whether accused of or unlawfully at large after conviction of an extradition offence, may be issued by a magistrate without any order of the Attorney-General under section 6 of this Act, if such information and evidence is produced as would in the opinion of the magistrate, justify the issue of a warrant for the arrest of the fugitive, if the offence in question had been committed in the district or division in which he has jurisdiction or the fugitive had been convicted of the offence there.

(2) A provisional warrant may be issued under this section in respect of a person who is, or is suspected of being, on his way to Nigeria, in any case where such a warrant could be issued if he were, or were suspected to be, in Nigeria; and references in this section to a fugitive criminal shall be construed accordingly.

(3) A magistrate issuing a provisional warrant under this section shall forthwith send to the Attorney-General a report of the fact, together with the information and evidence on which he acted or certified copies thereof, and on receipt of the report the Attorney-General may, if he thinks; fit, order the warrant to be cancelled and the fugitive criminal, if already arrested; to be released.

(4) A provisional warrant issued under this section may be executed anywhere in Nigeria

{5) A fugitive criminal arrested on a provisional warrant issued under this section shall be brought before a magistrate as soon as is practicable after he is so arrested, and the magistrate-

(a) shall remand him, either in custody or on bail, pending receipt from the Attorney-General of an order under section 6 of this Act signifying that a request for his surrender has been received or an order under subsection (3) of this section for the cancellation of the warrant and the release of the fugitive; and;

(b) shall forthwith inform the Attorney-General of the fact that the fugitive has been arrested and remanded as aforesaid, and for the purposes of paragraph (a) of this subsection the magistrate shall have the same powers of remand as if the fugitive were brought before him charged with an offence committed within his jurisdiction.

(6) Without prejudice to section 14 of this Act, if within the period of thirty days beginning with the day on which he was arrested no such order as is mentioned in subsection (5)(a) of this section is received from the Attorney-General, the fugitive criminal shall be released at the end of that period.

(7) The release of any person under subsection (3) or (6) of this section shall not prejudice his subsequent arrest and surrender if a request for his surrender is afterwards made.

9. (1) When a fugitive criminal is brought before a magistrate on a warrant under section 7 of this Act, or when, in the case of a fugitive criminal brought before a magistrate on a provisional warrant under section 8 of this Act and remanded in pursuance of subsection (5) of the said section 8, on order of the Attorney-General under section 6 of this Act relating to that fugitive is received the magistrate shall proceed with the case in the same manner, as near as may be, and shall have the same jurisdiction and powers, as If the fugitive were brought before him charged with an offence committed within his jurisdiction.

(2) The magistrate shall receive any evidence which may be tendered to show that the offence of which the fugitive criminal is accused or alleged to have been convicted is not an extradition offence or that the surrender of the fugitive for some other reason precluded by this Act or by the extradition agreement (if any) in force between Nigeria and the country seeking his surrender.

(3) In the case of a fugitive criminal accused of an offence claimed to be an extradition offence, if there is produced to the magistrate, a warrant issued outside Nigeria authorising the arrest of the fugitive, and the magistrate is satisfied-

(a) that the warrant was issued in a country to which this Act applies, is duly authenticated, and relates to the prisoner;

(b) that the offence of which the fugitive is accused is an extradition offence in relation to that country; -

(c) that the evidence produced would, according to the law of Nigeria, justify the committal of the prisoner for trial if the offence of which he is accused had been committed in Nigeria; and

(d) that the surrender of the fugitive is not precluded by this Act (and in particular by any of subsections (1) to (6) of section 3 thereof) and, where the country requesting the surrender of the fugitive is one to which this Act applies by virtue of an order under section 1 of this Act, is also not prohibited by the terms of the extradition agreement as recited or embodied in the order, the magistrate shall, subject to subsection (5) of this section, commit the fugitive to prison to await the order of the Attorney-General for his surrender.

(4) In the case of a fugitive criminal alleged to be unlawfully at large after conviction of an offence claimed to be an extradition offence, if there is produced to the magistrate a certificate of the fugitive's conviction of that offence, and the magistrate is satisfied.-

(a)that the certificate of conviction records a conviction in a country to which this Act applies, is duly authenticated and relates to the prisoner

 (b) that the offence of which the fugitive is stated to have been convicted is ,an extradition offence in relation to that country; and,

(c)that the surrender of the fugitive is not precluded by this Act (and in particular by any of subsections (1) to (6) of section 3 of this Act) and, where the country requesting the surrender of the fugitive is one to - which this Act applies by virtue of an order under section 1 of this Act, is also not prohibited by the terms of the extradition agreement as recited or embodied in the order, the magistrate shall, subject to subsection (5) of this section, commit the fugitive to prison to await the order of the Attorney-General for his surrender.

(5) If, on committing a fugitive criminal to prison under subsection (3) or (4) of this section, the magistrate is of the opinion that It would be dangerous to the life or prejudicial to the health of the fugitive to remove him to prison, he may order him to be detained in custody in any place named in the order instead of in prison, and while so detained the fugitive shall be deemed to be in legal custody.

(6) On committing a fugitive criminal to prison under this section the magistrate shall-

(a) inform the fugitive that he will not be surrendered until after the expiration of fifteen days beginning with the day on which he is so committed, and that he has a right to apply for a writ of habeas corpus; and

(b) forthwith send to the Attorney-General a certificate of the committal and such report on the case as the magistrate thinks fit.

(7) Where the circumstances are not such as to require the magistrate to commit the prisoner to prison under the provisions of subsections (3), (4), (5) and (6) of this section, the magistrate shall order the prisoner to be discharged.

10. (l)A fugitive criminal 'committed to, prison under section 9 of this Act shall not be surrendered  before the expiration of fifteen days beginning with the day on which he is so committed or, if a writ of habeas, corpus has been issued, until the court has given its decision on the return to the writ, whichever is the later,

1(2) Subject to the provisions of subsection(1) of this section and, where a writ of habeas' corpus has been issued, if  the fugitive criminal is not discharged by the decision of the court on the return to the writ, the Attorney-General, unless it appears to him that the surrender of the fugitive is precluded by "law, may by order direct the fugitive to be surrendered  to any person authorised by the country requesting the surrender to receive him, and the criminal shall  be surrendered accordingly.

(3) Any person to whom an order under subsection (2) of this section directs a fugitive criminal to be surrendered  may receive, hold in custody and convey out of Nigeria the person surrendered  to him in pursuance of the order, and if the person so surrendered escapes from any custody to which he has been delivered In pursuance of the order he shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

11. (1) Subject to subsection (2) of this section, where a fugitive criminal-

(a) has been charged with an offence triable before any court in Nigeria; or

(b) is serving a sentence imposed by any court in Nigeria, then, until such time as he has been discharged (whether by  acquittal, the expiration or remission of his sentence or otherwise howsoever) he shall not be surrendered  except as  permitted by any law in force in Nigeria.

(2) Subject to the provisions of this Act, a prisoner serving such sentence as is referred to in subsection (1) (b) of  this section may at the discretion of the President, be returned temporarily to another country within the Commonwealth in which he is accused of a returnable offence to enable proceedings to be brought against the prisoner in relation to that offence on such conditions as may be agreed between the President and that other country requesting the surrender of the prisoner.

12, If a fugitive criminal who has been committed to prison under section 9 of this Act is not surrendered and conveyed out of Nigeria within two months beginning with the day on which he is so committed or, if a writ of habeas; corpus has been issued, within two months' beginning with the day on which the court gives its decision on the return to the writ, whichever is the later, the High Court of the territory in which he is may, on application made by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make the application has been given to the Attorney-General, order the fugitive to be discharged from custody.

13. (1) A police officer who on a warrant under section 7 of this Act or a provisional warrant under section 8 of this  Act arrests a fugitive criminal accused of an extradition offence may seize and detain any property found in the possession of the fugitive at the time of the arrest which appears to him to be reasonably required as evidence for the purpose of proving that the fugitive committed the offence of which he is accused.

(2) Any property seized under subsection (1) of this section shall, if an order for the surrender of the fugitive is made under section 10(2) of this Act, be handed over to such person as the Attorney-General may direct, being a person who in his opinion is duly authorised by the country obtaining the surrender to receive it.

(3) Nothing in this section shall prejudice any rights which any person may have in any property which falls to be handed over under this section; and where any such rights exist, the property shall not be handed over under this section except on condition that the country obtaining the surrender of the fugitive criminal in question shall return it as soon as may be after the trial of the fugitive.

14. If it appears to the Attorney-General at any time, in the case 'of any fugitive criminal who is on remand or is awaiting his surrender under this Act-

(a) that his surrender is precluded by this Act or by the extradition agreement (if any) in force between Nigeria and the country seeking his surrender; or

(b) that a request for his surrender is not forthcoming or, Where such a request has been made, that it is not being proceeded with,  the Attorney-General may order all proceedings for the surrender of that fugitive to the country in question to be discontinued and the fugitive, if in custody, to be released.

Fugitive surrendered to Nigeria not triable for previous crimes

15. Where, in accordance with the law of any country within the Commonwealth or in pursuance of an extradition agreement between <st1:c