### LAWS OF THE FEDERATION OF NIGERIA [FEDERAL]

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EXPLANATORY MEMORANDUM

This Act amends the Extradition Act Cap. E25, Laws of the Federation of Nigeria, 2004 to give effect to the rule against double jeopardy as recognised under the 1999 Constitution of the Federal Republic of Nigeria, provide for procedural safeguards to avoid extradition of persons in cases of mistaken identity and effect appropriate modifications on the Act to conform to the provisions of the Constitution.

ARRANGEMENT OF SECTIONS

1. Amendment of Cap. E25, LFN, 2004
2. Amendment of section 6.
3. Amendment of section 7.
4. Amendment of section 8.
5. Amendment of section 9.
6. Amendment of section 15.
7. Amendment of section 21.
8. Amendment of Second Schedule

Citation

An Act to amend the Extradition Act, Cap. E25, Laws of the Federation of Nigeria, 2004 to give effects to the rule against double jeopardy as recognised under section 36 (9) of the 1999 Constitution of the Federal Republic of Nigeria, provide for procedural safeguards to avoid extradition of persons in cases of mistaken identity and effect appropriate modifications on the act to conform to the provisions of the Constitution; and for related matters.

[5TH OCTOBER, 2018]                        Commencement

ENACTED by the National Assembly of the Federal Republic of Nigeria –

Amendment of Cap. E25 LFN, 2004

1. The Extradition Act, Cap. E25, Laws of the Federation of Nigeria, 2004 (in the Act referred to as “the Principal Act”) is amended as set out in this Act.

Amendment of section 6

1. Section 6 (2) of the Principal Act is amended by substituting for the word, “magistrate”, in lines 2 and 3, the words, “Judge of the Federal High Court”.

Amendment of section 7

1. Section 7 of the Principal Act is amended in –

(a)     the marginal  note, by substituting for the word, “magistrate”, the words, the Federal High Court”; and

(b)     subsection(3), by substituting for the word, “magistrate”, in line 2, the words, “Judge of the Federal High Court”.

Amendment of section 8

1. Section 8 of the Principal Act is amended in –

(a)     subsection (1), by substituting for the word, “magistrate”, in lines 2 and 4, the words, “Judge of the Federal High Court”;

(b)     subsection (3), by substituting for the word, “magistrate”, in line 1, the words, “Judge of the Federal High Court”; and

(c)     subsection (5) (b), by substituting for the word, “magistrate”, in line 3, the words, “Judge of the Federal High Court”.

Amendment of section 9

1. Section 9 of the Principal Act is amended –

(a)     by substituting for the word, “magistrate”, in the marginal note the words, “Judge of the Federal High Court”;

(b)     in subsection (1), by substituting for the word, “magistrate”, in lines 1, 2 and 5, the words, “Judge of the Federal High Court”;

(c)     in subsection (2), by substituting for the word, “magistrate”, in line 1, the words, “Judge of the Federal High Court”;

(d)     in subsection (3), by substituting for the word, “magistrate”, in lines 2 and 3, the words, “Judge of the Federal High Court”;

(e)     in subsection (3) (d), by substituting for the word, “magistrate”, in line 6, the words, “Judge of the Federal High Court”;

(f)      in subsection (4), by substituting for the word, “magistrate”, in line 2, the words, “Judge of the Federal High Court”;

(g)     in subsection (4) (c), by substituting for the word, “magistrate”, in line 6, the words, “Judge of the Federal High Court”;

(h)     in subsection (5), by substituting for the word, “magistrate”, in lines 2, the words, “Judge of the Federal High Court”;

(i)      by inserting after subsection (6), a new subsection “(6A)”

“(6A)”          Where a claim of mistaken identity is raised by a person who is the Defendant in an extradition case and no evidence is led by the Plaintiff or the requesting country to satisfactorily rebut the claim of mistaken identity as raised by the Defendant, the court shall dismiss the application for extradition order and accordingly order the Defendant discharged”; and

(k)     in subsection (7), by substituting for the word, “magistrate”, in lines 1 and 2, the words, “Judge of the Federal High Court”;

Amendment of section 15

1. Section 15 of the Principal Act is amended –

(a)     by inserting a new paragraph “(2)”

“(2)”  No person surrendered to Nigeria in accordance with the provisions of this section shall be arrested, detained, extradited, proceeded against or otherwise dealt with in Nigeria or any other country within the Commonwealth or country that has same Extradition Agreement with Nigeria, if the proceeding relates to an offence for which he has been previously convicted or acquitted in the requesting country for which extradition is sought by the Nigerian authorities”; and

(b)     renumbering the section appropriately.

Amendment of section 21

1. Section 21 of the Principal Act is amended by deleting the word, “magistrate”.

Amendment of Second Schedule

1. The Second Schedule to the Principal Act is amended by deleting the word, “magistrate” appearing in Form I, II and IV.

Citation

1. This Act may be cited as the Extradition (Amendment) Act, 2018.