Jurisprudential Anatomy of the Law of Extradition in Nigerian and Under International Law

Abstract

This paper examines the principles and practice of extradition in Nigeria and under international law. The paper found that in this era of transnationalism, cooperation through the use of international extradition offers a potentially promising tool for countries seeking to extend the long arm of the law beyond borders. Extradition is also necessary for promoting international criminal justice system. The paper maintains that a convict or suspect should not be allowed to escape justice by fleeing to another country. The paper concludes that nevertheless, the absence of any obligation to extradite in international customary law, represents a major limitation to the use of extradition. This is further compounded by the absence of a general multilateral treaty on extradition. The implication is that the reliance on mostly bilateral agreements for extradition simply implies that a criminal or suspect can effectively escape justice by fleeing to a state that has no extradition agreement with the state where the crime was committed. Accordingly, the paper recommends the development of a convention on international extradition at the United Nations Level.

Keyword: Anatomy, Extradition, International law, Nigeria

 

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