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
13. Seizure and surrender of
property.
14. General power pf
Attorney-General to order release of fugitive.
Fugitive surrendered to
15. Fugitive surrendered to
Transit of surrendered fugitives
through
16. Transit of surrendered
fugitives through
Evidence
17. Duly authenticated documents
to be received in evidence.
18. Taking of evidence in
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
provisions for extradition of fugitive offenders for
[
Application of Act
1. (1) Where
a treaty or other agreement (in this Act referred to as an extradition
agreement) has been made by
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
(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
(6) A fugitive criminal-
(a) who
has been charged with an offence under the law of
(b) who is serving a sentence
imposed in respect of any such offence by a court in
(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
(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
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
(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
(2) A warrant issued under this
section may be executed anywhere in
(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
(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
{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
(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
(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
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
(b) is serving a sentence imposed
by any court in
(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
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
(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
15. Where, in accordance with the
law of any country within the Commonwealth or in pursuance of an extradition
agreement between <st1:c