Arguments have been made from several resource persons on whether a citizen of Nigeria who enjoys the full flavour and protection of the constitution can be extradited from Nigeria to the United States to face criminal charges taking into account that Nigeria is a sovereign state and by virtue of the Doctrine of Sovereignty, no State/Country can interfere in the activities of other state or arrest its citizens. It is pertinent to therefore understand what extradition means.
The Federal Bureau of Investigation on July 28 published a 69-page court document revealing that Deputy Commissioner of Police Abba Kyari had been under intense investigation as an accomplice of Ramon Olorunwa Abbas also known as Hushuppi who had already pleaded guilty to fraud related charges. The alleged offences contained in the document were that Abba Kyari is among the six suspects indicted in a $1.1 million international fraud conspiracy.
The primary law governing extradition in Nigeria is the Extradition Act of 1966 which was enacted on 31 December 1966 and came into operation in January, 1967. It was enacted to repeal all previous extradition laws made by or applicable to Nigeria and to provide for a more comprehensive legal regime with respect to the extradition of fugitive offenders. Also is the Extradition Modification Order 2014, Federal High Court Rules, 2015 and Guidelines issued by the Federal Ministry of Justice.
It is important to note that The Dual Criminality Principle guiding extradition provides that offences are considered as extraditable when they are punishable under the laws of both parties by imprisonment or other deprivation of liberty for a maximum period of at least two years to a more severe penalty. Where extradition proceedings relate to a treaty, the treaty will specify the extraditable offences.
However, it is not all circumstances nor offences alleged to have been committed by an accused person which will warrant extradition. Article 6 states that a fugitive criminal shall not be surrendered for extradition if the offence for which his extradition is sought is of a political nature, or if the subject could prove that the demand for the extradition was made in order to punish him for an offence of a political nature.
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