Central Authority Unit
- Written by justiceweb
The Constitution compels the Government to develop a system of justice which is in line with tenets of Democracy and respect for human rights. Against this background, the Ministry of Justice, in consultations with relevant government institutions and international development partners developed a comprehensive strategy plan for the FMOJ in line with our strategic objectives.
REQUIREMENTS FOR MUTUAL LEGAL ASSISTANCE AND EXTRADITION
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
The consensus in international law is that a state does not have any obligation to surrender an alleged criminal to a foreign state as one principle of sovereignty is that every state has legal authority over the people within its borders. Such absence of international obligation and the desire of the right to demand such criminals of other countries have caused a web of extradition treaties or agreements to evolve. When there is no extradition agreement in place, or when applicable extradition agreements are inapplicable, a sovereign may still request the expulsion or lawful return of an individual pursuant to the requested state’s domestic law. This can be accomplished through the immigration laws of the requested state or other facets of the requested state’s domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing for extradition to take place in the absence of an extradition agreement. Sovereigns may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a requested state in the absence of an extradition treaty. Guidelines for authorities outside the Federal Republic of Nigeria (MLA)
FORMS AND FORMAT
Requests for Extradition of a Fugitive Suspect/Criminal to Nigeria
The powers of the Attorney-General in extradition cases stem from Section 174(1)(a) of the Constitution which provides that the Attorney-General shall have power to “institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly.” There is no controversy to the fact that if there is a request for the surrender of a person and same is for the purpose of prosecution or punishment, the person sought must have violated or committed an extraditable offence.