CYBERCRIMES (PROHIBITION, PREVENTION, ETC) AMENDMENT ACT, 2024

Section 54: Form of request from a foreign State

2024Section 54 of 59Federal Republic of Nigeria

1 A request under this Act shall be in writing, dated and signed by or on behalf of the person making the request.

2 A request may be transmitted by facsimile or by any other electronic device or means, and shall include-
a the name of the authority conducting the investigation, prosecution or proceedings to which the request relates;
b a description of the subject matter and nature of the investigation, prosecution, or proceedings, including the specific crimes which relate to the matter, the stage reached in the proceedings and any date for further proceedings;
c a description of the evidence, information or other assistance sought; and
d a statement of the purpose for which the evidence, information or other assistance is sought.

3 To the extent necessary and possible, a request shall also include-
a information on the identity and location of any person from whom evidence is sought;
b information on the identity and location of a person to be served, that person's relationship to the investigation, prosecution or proceedings, and the manner in which service is to be effected;
c information on the identity and whereabouts of the person to be located;
d a precise description of the place or person to be searched and of the articles to be seized;
e description of the manner in which any testimony or statement is to be taken and recorded, including any special requirements of the law of the requesting State as to the manner of taking evidence relevant to its admissibility in that State;
f list of questions to be asked of a witness;
g description of any particular procedure to be followed in executing the request;
h information as to the allowances and expenses to which a person asked to in the requesting State in connection with the request will be entitled;
i court order, if any, or a certified copy thereof, which is to be enforced and a statement that such order is final; and
j any other information which may be brought to the attention of the requested State to facilitate its execution of the request.

4 A request shall not be invalidated for the purposes of this Act or any legal proceeding by failure to comply with the provision of subsection (2) of this section where the Attorney-General of the Federation is satisfied that there is sufficient compliance to enable him execute the request.

5 Where the Attorney-General of the Federation considers it appropriate because an international arrangement so requires or it is in the public interest, he shall order that the whole or any part of any property forfeited under this Act or the value thereof, be returned or remitted to the requesting State.

Cite this section

Section 54, CYBERCRIMES (PROHIBITION, PREVENTION, ETC) AMENDMENT ACT, 2024 (2024).

https://repo.podus.ai/laws/cybercrimes-prohibition-prevention-etc-amendment-act-2024/section/54/