AN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW

AN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW

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ABSTRACT


Customary international law and treaties have evolved over the centuries by the willing and
active commitments of nations to subdue criminals tendencies by punishing fugitive offenders
who attempt to escape from justice by seeking refuge in another nations. Extradition has been
adopted to effectively prosecute fugitive offenders without offending the sovereignty of a sister
state, and without compromising the doctrine of inviolability under international law. One of the
problems of this research is that political offence is an exception to extraditable offences, and a
concept which is troublesome in the determination of extraditable offence. It is disheartening to
learn that some fugitives hide under this exception to escape the wrath of the law. Another
problem of this research is the reluctance of some countries to subscribe to the principle of
reciprocity and international morality in considering a request for extradition. The attitude of
these states has made their territoriesa Haven for fugitive criminals. Another problem of this
research is the inherent loop holes in the laws of extradition with particular reference to
political offence exception. It is disheartening to learn that bilateral and multilateral treaties,
and municipal extradition laws of state parties have made political offence as an exception to
extraditable offences, but contain no provision geared towards the ingredients of a political
offence that are of universal application. This legal challenge made different nations to ascribe
diverse meanings to political offence. The research, therefore, traced the history and
development of the practice of extradition in international. It also appraised the nature, scope
and principles of extradition in order to ascertain whether the original philosophy behind the
birth and practice of extradition amongst sovereign states still exists. It also identified the
definitive inadequacy of the concept of political offence, and how it has hampered the smooth
practice of extradition.The methodology used in achieving this aim is doctrinal method, which is
a library oriented research. It also dwelled on the practice of extradition amongst some
sovereign states like England, United States of America and Nigeria. The practice of extradition
from the Nigerian dimension of certain instances, like Umaru Dikko, Enahoro and Ojukwu,
etcetera, were analyzed and some positive lessons discovered. The research found that political
offence exception is an obstacle in the determination of extraditable offences. It has also been
found that state parties to extradition agreements take undue advantage of the inherent loop
holes in the laws of extradition to avoid their international obligation. It has also been found that
domestic extradition laws of state parties empower the Attorneys-Generals or Foreign Ministers
who are political appointees to determine which offence is of political character. The research
also finds that extradition proceedings are conducted by the requested state, who is the
complainant, the prosecutor and the judge. This is difficult to be reconciled with the fair hearing
principle of Nemo Judex in Causa Sua. The research recommended that only the courts would be
in a better position to determine whether or not a particular offence is political, and not
Attorneys-Generals or Foreign Ministers who are political appointees and their judgment is
likely to be influenced by politics or other extraneous considerations. The research also
recommended that there is need for establishment of a neutral international judicial body to sit
in a neutral state to conduct extradition proceedings. It has also been recommended that in the
interest of all humanity, municipal legislation on extradition should expressly provide the
ingredients that constitute the political offence and the political offence exception should not
always be treated like a sacred veil because it is many times used as a shield to protect fugitive
criminals.


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