Section 11: Postponement of surrender of fugitives.

(1) Subject to subsection (2) of this section, where a fugitive criminal-
(a) has been charged with an offence triable before any court in Nigeria; or
(b) is serving a sentence imposed by any court in Nigeria,
then, until such time as he has been discharged (whether by acquittal, the expiration or remission of his sentence or otherwise howsoever) he shall not be surrendered except as permitted by any law in force in Nigeria.
(2) Subject to the provisions of this Act, a prisoner serving such sentence as is referred to in subsection (1) (b) of this section, may at the discretion of the President, be returned temporarily to another country within the Commonwealth in which he is accused of a returnable offence to enable proceedings to be brought against the prisoner in relation to that offence, on such condition as may be agreed between the President and that country requesting the surrender of the prisoner.