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Laws of the Federation Preview 50 min read

Extradition Act

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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. Requests 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 of 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. Returnable offences.

21. Interpretation.

22. Saving for proceedings begun before commencement of Act.

23. Short title.

SCHEDULES

FIRST SCHEDULE

Countries in respect of which orders under section 1 are in force

SECOND SCHEDULE

Forms for use for the purposes of this 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] [Commencement]

Application of Act

1. Power to apply Act by order

(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 President 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.

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