EXAMINING THE CHALLENGES AND IMPLICATIONS OF EXTRADITION ON NIGERIA: THE WAY FORWARD

Ikenga K.E. ORAEGBUNAM, Nneka UMEJIAKU, Anulika Martina OKORO

Abstract


Extradition, which is mostly regulated by treaty and reciprocity, has been used by states over the years to ensure the transfer of fugitives who have moved to other states in order to avoid prosecution by the relevant law enforcement agencies in the state where the offence was committed. This has helped in advancing justice by bridging the territorial gaps which ordinarily would have truncated the prosecution of such fugitives. In as much as the importance of extradition cannot be downplayed, it has faced some challenges which have hampered its effectiveness. More so, some states have at one point or the other used other ways other than extradition in returning fugitives, which undermine the sovereignty of such other states. This study examined the challenges of extradition under international law and the implications of extradition practices on Nigeria. The study recommended the need, inter alia, for sanctions on states that fail to comply with laid down extradition procedure under their domestic laws and relevant treaties, and that such non-compliance should be treated as a factor that can oust the jurisdiction of domestic courts in trying the fugitive.

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