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Laws of the Federation Preview 45 min read

Mutual Assistance In Criminal Matters Within the Commonwealth (Enactment and Enforcement) Act

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ARRANGEMENT OF SECTIONS

SECTION

  1. Enactment and enforcement of the provisions of the Scheme for Mutual Assistance in

Criminal Matters.

  1. Objects of the Act.
  2. Designating a Central Authority, etc.
  3. Action in the requesting country.
  4. Action in the requested country.
  5. Refusal of assistance.
  6. Measures of compulsion.
  7. Act not applicable to arrest or extradition.
  8. Confidentiality.
  9. Limitation on use of information or evidence.
    1l. Expenses of compliance.

12. Contents of request for assistance. l3. Identifying and locating persons.

  1. Service of documents.
  2. Examination of witness.
  3. Production of judicial or official records.
  4. Personal appearance of witnesses in the requesting country.
  5. Personal appearance of persons in custody.
  6. Other assistance.

PART II

Provisions as to the proceeds of criminal activities

  1. Tracing the proceeds of criminal activities: search and seizure.
  2. Other assistance in obtaining evidence.
  3. Confirmation and enforcement of orders for forfeiture of the proceeds of criminal activity.
  4. Meaning of proceeds of criminal activities.

PART III

Miscellaneous provisions

  1. Privilege.
  2. Indemnity of persons appearing.
  3. Transmission and return of material.
  4. Authentication.
  5. Notification of designation.

SECTION

  1. Interpretation
  2. Short title and commencement.

SCHEDULE

                                                 Countries to which this Act applies

An Act to make legislative provisions to give the force of law to the Scheme for Mu-
tual Assistance in Criminal Matters within the Commonwealth.

[1998 No. 13.]

[See section 30 (2)]

[Commencement.]

1. Enactment and enforcement of the provisions of the Scheme on Mutual Assis- tance in Criminal Matters

(1) As from the commencement of this Act, the provisions of the Scheme for Mutual Assistance in Criminal Matters within the Commonwealth as are set out in this Act shall have the force of law in Nigeria and shall be given full recognition and effect and be ap- plied by all authorities and persons exercising legislative, executive or judicial powers in Nigeria.
(2) This Act shall apply to every separate country within the Commonwealth.
(3) For the purposes of this Act, each of the following areas shall be treated as a sepa- rate country, that is to say-

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