BURUJI KASHAMU & EXTRADITION ACT OF 1967

The story of a senator-elect in Nigeria, Buruji Kashamu has being the headline of many news portal in recent time, the men of the National Drug Law Enforcement Agency(NDLEA) surrounded his house as early as 4:30 am yesterday 23rd day of May,2015 in a bid to extradite him to the United State to face the drug related charges levied against him.

He resisted an arrest and took several hours before they could get to him, the news gathered state that he has since then placed on house arrest till Monday when a competent court of law will hear or issue a warrant of arrest to him.

Let us look into the Extradition Act of 1967

Who is a Fugitive?  A fugitive criminal-

(a) who has been charged with an offence under the law of Nigeria or any part thereof,not being the offence for which his surrender is sought; or

(b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria,shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence, or otherwise.

What are the  Restrictions on surrender of fugitives,Section 3 of the Act states that:-

(a) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that the offence in respect of which his surrender is sought is an offence of a political character. 

(b) A fugitive criminal shall not be surrendered if it appears to the Attorney-General or a court dealing with the case-

(a) that the request for his surrender; although purporting to be made in respect of an extradition crime, was in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions or was otherwise not made in good faith or in the interest of justice; or

(b) that, if surrendered, he is likely to be prejudiced at his trial, or to be punished,detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

(c) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, by reason of-

 The trivial nature of the offence for which his surrender is sought; or

(a) the passage of time since the commission of the offence ,it would, having regard to all the circumstances in which the offence was committed, be unjust or oppressive, or be too severe a punishment, to surrender the offender.

(b) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing

with the case is satisfied that, whether in Nigeria or elsewhere, he- (a) has been convicted of the offence for which his surrender is sought; or

(c) has been acquitted thereof, and that, in a case falling within paragraph (a) of this subsection, he is not unlawfully at

large.

(d) A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.

What are the  powers of Attorney-General to order release of fugitive

If it appears to the Attorney-General at any time, in the case of any fugitive criminal who is on remand or awaiting his surrender under this Act-

(1) that his surrender is precluded by this Act or by the extradition agreement (if any) in force between Nigeria and the country seeking his extradition; or

(2) that a request for his surrender is not forthcoming or, where such a request has been made, that it is not being proceeded with,the Attorney-General may order all proceedings for the surrender of that fugitive to the country in question to be discontinued and the fugitive, if in custody, to be released.

Fugitive surrendered to Nigeria not triable for previous crimes 

Thank you.

Oyenike Alliyu-Adebiyi LLB(hon) BL