Section 3: Restrictions on surrender of fugitives.

(1) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that the offence in respect of which his surrender is sought is an offence of a political character.
(2) A fugitive criminal shall not be surrendered if it appears to the Attorney-General or a court dealing with the case -
(a) that the request for his surrender, although purporting to be made in respect of an extradition crime, was in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions or was otherwise not made in good faith or in the interest of justice; or
(b) that, if surrendered, he is likely to be prejudiced at his trial, or to be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.
(3) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, by reason of-
(a) the trivial nature of the offence for which his surrender is sought; or
(b) the passage of time since the commission of the offence,
it would, having regard to all the circumstances in which the offence was committed, be unjust or oppressive, or be too severe a punishment, to surrender the offender.
(4) A fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, whether in Nigeria or elsewhere, he-
(a) has been convicted of the offence for which his surrender is sought; or
(b) has been acquitted thereof,
and that, in a case falling within paragraph (a) of this subsection, he is not unlawfully at large.
(5) A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.
(6) A fugitive criminal -
(a) who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or
(b) who is serving a sentence imposed in respect of any such offence by a court in Nigeria,
shall not be surrendered until such time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise.
(7) A fugitive criminal shall not be surrendered to any country unless the Attorney-General is satisfied that provision is made by the law of that country, or that special arrangements have been made, such that, so long as the fugitive has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried in that country for any offence committed before his surrender other than any extradition offence which may be proved by the facts on which his surrender is granted.
(8) A fugitive criminal shall not be surrendered until the expiration of the period of fifteen days beginning with the day on which he is committed to prison to await his surrender.
(9) In this section, "a court dealing with the case" in relation to a fugitive criminal, means any magistrate dealing with the fugitive's case in pursuance of section 8 of this Act or any court before which the fugitive is brought on or by virtue of an application made by him or on his behalf for a writ of habeas corpus.