Introduction
The issue of extradition is one that has arisen due to the recent debacle both in Nigeria and internationally. Sometime in November, Mr. Simon Ekpa was arrested by the Finnish police and charged to court on several charges, including terrorism and other activities. His arrest also sparked interest in the Nigerian security infrastructure, as he is also accused of inciting violence in the country through his rhetoric, as well as charges of terrorism against the State. However, while he is being sued by the Finnish government on similar charges, there are complexities with regards to charging him before the Nigerian courts.
This paper will discuss the meaning of extradition, the applicable law for the extradition of persons, as well as the procedure for the extradition of persons accused of crimes back to Nigeria.
What is Extradition?
The concept of extradition can be identified as the formal process of a government requesting another government to send a person or individual who has been accused of committing a crime in that country.[1] The process of extradition is not new to the current times, as countries have several arrangements to aid this process. This concept as well is tied to international law, and takes into account the sovereignty of States. Hence, where A is accused of committing a crime in country G, but is currently resident in country R, the process of G requesting R to send the person to them to face the charges for the alleged crime is called extradition.
What is the Legal Framework for Extradition in Nigeria?
The legal application of extradition in Nigeria can be found under several international treaties and laws, thereby making it possible for Nigeria to request the extradition of persons for crimes committed against Nigeria, and vice versa.
To this end, the applicable laws aimed at guiding the extradition of persons under the jurisdiction of Nigeria include:
- The 1999 Constitution of Nigeria [as amended];
- The Extradition Act;[2] and
- International Conventions and Treaty.
The constitution is the leading legislation in Nigeria, and it promotes the human rights of citizens in Nigeria – which must be respected in matters that have to deal with the extradition of persons to and from Nigeria. The purport of Chapter IV of the constitution therefore protects these rights, including the freedom of movement, the right to human dignity, etc. Further, the Extradition Act was enacted in 1966, repealing any other extradition law which Nigeria had previously been a party to.
Lastly, International Conventions include agreements between Nigeria and other countries dealing with the extradition of persons across jurisdictions.[3]
How does Extradition Operate in Nigeria?
The process of extradition is clearly stated under the Extradition Act of 1966 which notes that a request for the extradition of a person must be sent to the Attorney-General of the Federation, who has the discretion to grant the request.[4]
Further, in Udeozor v. Federal Republic of Nigeria,[5] the court noted that it must examine whether there is an extradition treaty between Nigeria and the other country. Thus, the right of any State to ask another State for the extradition of a fugitive who has been accused of a crime, and the duty of the State where the fugitive resides or is present, can only be bridged with the aid of a Treaty.
Hence, where there is no international treaty between Nigeria and any other country, a fugitive cannot be extradited from Nigeria to another State, and vice versa. This was succinctly noted by Dongban-Mensem JCA where the learned judge noted that an agreement between the countries aims to provide for:
“surrender by each country to the other, of persons wanted for prosecution or punishment”[6]
The aforementioned criteria therefore creates an issue for the Nigerian government with the government of Finland for the extradition of Simon Ekpa. Taking into consideration the fact that he currently faces almost similar charges in Finland makes it difficult for the parties to establish his extradition back to Nigeria. The role of the protection of his human rights – as identified under this article, also creates further issues for the governments to deal with.
Conclusion
In conclusion, the extradition of persons includes the transfer of fugitives from one country to another. In this case, it must be established whether Nigeria has an agreement with Finland, as it will determine whether he can be extradited back to Nigeria after facing criminal charges in Finland.
[1] Gov.UK “Extradition Process” (Gov.UK, 26 March 2013) < https://www.gov.uk/guidance/extradition-processes-and-review#:~:text=Extradition%20is%20the%20formal%20process,100%20territories%20around%20the%20world. > accessed 24 November 2024.
[2] Extradition Act, supplement no. 116 on 31 December 1966.
[3] The Extradition Act, section 1(1).
[4] The Extradition Act, section 6(1).
[5] Udeozor v. Federal Republic of Nigeria (2007) JELR 33823 (CA); see also: AG Fed v. Jones (2017) JELR 37287 (CA).
[6] Ibid.
