Section 9: Hearing of case by magistrate and committal or discharge of prisoner.

(1) When a fugitive criminal is brought before a magistrate on a warrant under section 7 of this Act, or when, in the case of a fugitive criminal brought before a magistrate on a provisional warrant under section 8 of this Act and remanded in pursuance of subsection (5) of the said section 8, an order of the Attorney-General under section 6 of this Act relating to that fugitive is received, the magistrate shall proceed with the case in the same manner, as near as may be, and shall have the same jurisdiction and powers, as if the fugitive were brought before him charged with an offence committed within his jurisdiction.
(2) The magistrate shall receive any evidence which may be tendered to show that the offence of which the fugitive criminal is accused or alleged to have been convicted is not an extradition offence or that the surrender of the fugitive is for some other reason precluded by this Act or by the extradition agreement (if any) in force between Nigeria and the country seeking his surrender.
(3) In the case of a fugitive criminal accused of an offence claimed to be an extradition offence, if there is produced to the magistrate, a warrant issued outside Nigeria authorising the arrest of the fugitive, and the magistrate is satisfied-
(a) that the warrant was issued in a country to which this Act applies, is duly authenticated, and relates to the prisoner;
(b) that the offence of which the fugitive is accused is an extradition offence in relation to that country;
(c) that the evidence produced would, according to the law of Nigeria, justify the committal of the prisoner for trial if the offence of which he is accused had been committed in Nigeria; and
(d) that the surrender of the fugitive is not precluded by this Act (and in particular by any of subsections (1) to (6) of section 3 thereof) and, where the country requesting the surrender of the fugitive is one to which this Act applies by virtue of an order under section 1 of this Act, is also not prohibited by the terms of the extradition agreement as recited or embodied in the order,
the magistrate shall, subject to subsection (5) of this section, commit the fugitive to prison to await the order of the Attorney-General for his surrender.
(4) In the case of a fugitive criminal alleged to be unlawfully at large after conviction of an offence claimed to be an extradition offence, if there is produced to the magistrate a certificate of the fugitive's conviction of that offence, and the magistrate is satisfied-
(a) that the certificate of conviction records a conviction in a country to which this Act applies, is duly authenticated and relates to the prisoner;
(b) that the offence of which the fugitive is stated to have been convicted is an extradition offence in relation to that country; and
(c) that the surrender of the fugitive is not precluded by this Act (and in particular by any subsections (1) to (6) of section 3 of this Act) and, where the country requesting the surrender of the fugitive is one to which this Act applies by virtue of an order under section 1 of this Act, is also not prohibited by the terms of the extradition agreement as recited or embodied in the order,
the magistrate shall, subject to subsection (5) of this section, commit the fugitive to prison to await the order of the Attorney-General for his surrender.
(5) If, on committing a fugitive criminal to prison under subsection (3) or (4) of this section, the magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the fugitive to remove him from prison, he may order him to be detained in custody in any place named in the order instead of in prison, and while so detained the fugitive shall be deemed to be in legal custody.
(6) On committing a fugitive criminal to prison under this section the magistrate shall-
(a) inform the fugitive that he will not be surrendered until after the expiration of fifteen days beginning with the day on which he is so committed, and that he has a right to apply for writ of habeas corpus; and
(b) forthwith send to the Attorney-General a certificate of the committal and such report on the case as the magistrate thinks fit.
(7) Where the circumstances are not such as to require the magistrate to commit the prisoner to prison under the provisions of subsections (3), (4), (5) and (6) of this section, the magistrate shall order the prisoner to be discharged.