Nigeria’s extradition proceedings are structured towards prompt and efficient disposition of issues. The procedure starts with a request for the surrender of a fugitive criminal, made in writing to the Attorney-General of the Federation of Nigeria. The request is to be made by a diplomatic representative or consular officer of the country making the extradition request. Upon receiving the request, the Attorney-General has the discretion as to whether or not to initiate extradition proceedings. The Attorney-General cannot be compelled by order of mandamus or otherwise to initiate extradition proceedings where he has exercised the discretion to not proceed. The requesting State and Nigeria’s Federal Ministry of Justice have the duty to ensure that certain extradition prerequisites are fulfilled. The 1999 Constitution by Section 34 and 35 guarantees freedoms including those relating to movement, liberty and dignity of the person. In protection of the constitutionally guaranteed rights, the Courts will not in the name of extradition carelessly surrender its citizens and non-citizens alike unless the Court is satisfied on the facts and position of the law. Prior to commencing extradition proceedings in the Federal High Court, a number of matters must be considered so as to present the required facts in the context of applicable law, otherwise the extradition application is likely to fail. Pursuant to Sections 3, 9, and 11 of the Extradition Act, the Attorney General of the Federation must file an affidavit stating inter alia that the United states of America has submitted a request to the Attorney-General who must be satisfied that provision is made by the Laws of the United States of America, such that so long as the Respondent has not had reasonable opportunity of returning to Nigeria, he will not be detained or tried in that Country for any offence committed before his surrender other than the extradition offence which may be proved by the fact on which his surrender is granted. He is satisfied that the offence in respect of which the Respondent’s surrender is sought is not an offence of a political character and he is satisfied that the request for the surrender of the Respondent was not made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions and that the said request was made in good faith and in the interest of justice. The Attorney General of the Federation must show by affidavit evidence that if the Respondent is eventually surrendered, he will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions, and he is satisfied that the offence for which the Respondent’s surrender is sought is not trivial in nature or that having regard to all the circumstances in which the offence was committed it will not be unjust or oppressive, or be too severe a punishment, to surrender him. It must be averred furthermore, that the Attorney General is satisfied that the Respondent has been indicted of the offence for which his surrender is sought but that he is unlawfully at large, and, there is no criminal proceeding pending against him in Nigeria for the offence for which his surrender is sought, or any other offence for the time being.
— H.M. Ogunwumiju JSC. A.G of The Federation v. Anuebunwa (SC.CV/118/2021)
