Extradition is as old as criminal law since criminals run away from the place or country where a crime is committed to a different place or country seeking safety from prosecution. Avoiding prosecution has always been central to criminals. How to get the fugitive after he has run away to a foreign country to face prosecution in the country he is alleged to have committed a crime is the question now?
The short answer is extradition. What is extradition? In Nigeria, extradition is specifically contained in the constitution and it is exclusively a federal matter so no state can legislate on. It is contained in the Second Schedule to the constitution item no 27 of the 1999 amended constitution which reads “SECOND SCHEDULE (Section 4), Part 1, Exclusive Legislative List item No. 27 “Extradition.”
What is contained in the exclusive federal list, no state or local government can legislate on it S. 4(2) of the constitution reads “The National Assembly shall have power to make laws for the peace, order and good government of the federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule of this Constitution.”
As extradition is on the exclusive legislative list, power to entertain extradition is exclusively conferred on the Federal High Court to the exclusion of all other courts Section 251(i) of the Constitution reads: “Notwithstanding anything to the contrary contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters – (i) citizenship, naturalisation and aliens, deportation of persons, who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports, and visas.” To deport a citizen of Nigeria amounts to infringement of his fundamental right and the deportation will be null and void and attracts award of damages by court Shugaba vs The Min. of Internal Affairs 1982 3 NCLR 306.
Other laws dealing with extradition in Nigeria are the Extradition Act 1966, Federal High Court (Extradition Proceedings) Rules 2015, and The Administration of Criminal Justice Act. The Federal Government of Nigeria has entered treaties on extradition with many countries example extradition treaty between Nigeria and Benin, Ghana, Togo, and others. There is also The Extradition Act (Modification) Order 2014 which modified the Extradition Act 1966 by removing jurisdictions of state high courts and magistrates to entertain extradition matters. The President under section 315 of the Constitution can modify any existing law in Nigeria including the Extradition Act, 1966 as was rightly done by the Modification Order.
A fugitive who has been detained awaiting deportation under extradition order can challenge his detention through habeas corpus is century old common law right which accrues to a fugitive offender Schtraks vs Govt of Israel 1962 3 All E.R. 529.
Courts do not consider extradition of a fugitive when the case against him in the requesting country is of political nature Schtraks vs Govt of Israel supra, R vs Brixton Prison (Governor) Exparte Enahoro 1963 2 All E. R. 477. Section 3(1) of the Extradition Act 1966 reads: “A fugitive criminal shall not be surrendered if the Attorney-General or 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.” Sub-section (2) (a) of section 3 of the Act also prohibits surrendering a fugitive on account of his race, religion, nationality or the application is not made in good faith in the interest of justice.
A court hearing extradition matter must be satisfied on the evidence before it of a criminal act committed by a fugitive in the requesting country R vs Governor of Brixton Prison Exparte Sadri 1962 3 All E.R. 747.
The Federal High Court (Extradition Proceedings) Rules 2015 have set out in details the procedure for extradition cases before a court. Order 1 of the Rules have stated the objectives of the Rules as: “The objectives of these Rules are to – (a) ensure clarity of extradition proceedings; (b) set out in details the requirements for specific Orders; and (c) minimise the time spent during extradition proceedings as a result of interlocutory applications, undue adjournments and other causes of delay.”
Another useful subsidiary law dealing with extradition is the Guidelines Issued by the Federal Ministry of Justice dated 1st October 2013. The Guidelines have given a concise definition of extradition as “Extradition is the surrender by one State (the Requested State) of a person present in its territory to another state (the Requesting State) that seeks the person either in order to prosecute him or her to enforce a punishment handed down by its courts after conviction of a crime within the jurisdiction of the Requesting State.” See also George Udeozor vs FRN CA/L/376/05 of 26th day of February, 2007.
Extradition of a fugitive is a sure method of preventing criminals from evading prosecution in a requesting country by fleeing to another country or entering embassy of a foreign country the requested state.
Hon. Justice Usman Bukar Bwala, J.P. retired from the High Court of ustice Maiduguri, Borno State.
