A Laws.Africa project
19 February 1988

Nigeria Government Gazette supplement dated 1988-02-19 number 11 part A

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                                                                                                 A 457
  Supplement to Official Gazette Extraordinary No. 11, Vol. 75, 19th February,
    Pprem         oo                      ordinary   No.   1 , Vol.       19thFebruary,
              EXTRADITION (AMENDMENT) DECREE 1988




                            _   DeereeNo. 4                    |
                           oF         |           _.       [16th February 1988] Commence.
  . THE FEDERAL MILITARY GOVERNMENT heieby decrees as
   ollows :—      ,

      1, The Extradition Act 1966, as amended by the Extradition (Amen
 ment) Act 1970, (hereinafter in this Decree referred to as “the princi d-° Amendment
 Act”,) is hereby further amended as specified in the following provis     pal of 1966. No.
                                                                       ions of 1970. No. 49.
 this Decree,        oe                           Ot                     .
    2, Immediatelyafter. section 3 of the principal Act, there shall
 added the following new section, that is to say—                    be                   Addition of
                                                                      7                   Section 3a.
" “Offences     3a—(1) A fugitive criminal maybesurrendered notwit
                                                              hstanding
 under - that the Attorney-General or a court dealing with the
 law. Satisfied that the offence constitutes an offence only, caseunder
                                                                       is
 .        military law or a law relating only to military obligations.
              ~ (2) In this section, a court dealing with the case “in relatio
                                                                               n
              to a fugitive criminal” means any magistrate dealing with the
              fugitive’s case in pursuanceofsection 8 of this Act or any court
              before which the fugitive is brought on or by virtue of an
          _ application made by him or on his behalf for a writ of kaheas
        corpus,”          oO                 oo:
    3. Immediately after section 9 of the principal Act, there shall be added
the following new section 9a, that is to say—                                             Addition of
                                Ce                                                        Rew scc~
                                                                                          tion 9A.
“Postpone-. 9a.—(1) Subject to subsection (2) of this section, where a
mentof         $43  sony
surrender       *UBittve criminal— Ce        ge                       .
of fugi--       (a) has. been charged with an offence triable before any
tives. =      court in Nigeria ; or
                (6) isserving a sentence imposed by any court in Nigeria ;
              then,until such time as he has been discharged (whether by
              acquittal, the expiration or remission of his sentence or other-
             _ Wise howsoever) he shall not be surrendered exceptas permitted
               by anylaw in force in Nigeria,                           .
               . (2) Subject to the provisions of this Act, a prisoner serving
             - such sentenceas is referred to in subsection1 (6) of this section
            _ May at the discretion of the President, Commander-in-Chief of
               the Armed Forces be returned temporarily to another country
               within the Commonwealth in which heis accused of a returnable
               offence to enable proceedings to be brought against the prisoner

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