MUTUAL ASSISTANCE IN CRIMINAL MATTERS WITHIN THE COMMONWEALTH (ENACTMENT AND ENFORCEMENT) ACT

Section 18: Personal appearance of persons in custody.

1998Section 18 of 30Federal Republic of Nigeria

(1) A request under this Act may seek the temporary transfer of persons in custody in the requested country to appear as witnesses before a country exercising jurisdiction in the requesting country.
(2) A request under this section shall specify-
(a) the subject-matter upon which it is desired to examine the witness;
(b) the reason for which the personal appearance of the witness is required.
(3) The requested country shall refuse to comply with a request for the transfer of a person in custody if the person concerned does not consent to the transfer.
(4) The requested country may refuse to comply with a request for the transfer of a person in custody and shall be under no obligation to inform the requesting country of the reason for such refusal.
(5) Where a person in custody is transferred, the requested country shall notify the requesting country of-
(a) the dates upon which the person concerned is due under the law of the requested country to be released from custody; and
(b) the date by which the requested country requires the return of such person,
and shall similarly notify any variations in such dates.
(6) The requesting country shall keep in custody a person transferred under this section and shall return the person to the requested country when his presence as witness in the requesting country is no longer required; and in any case, by the earlier of the dates specified under subsection (5) of this section.
(7) The obligation to return any person transferred under this section shall subsist notwithstanding the fact that the witness is citizen of the requesting country.
(8) The period during which the person transferred is in custody in the requesting country shall for all purposes be deemed to be service in the requested country of an equivalent period in custody in that country.
(9) Nothing in this section shall preclude the release in the requesting country without return to the requested country of any person transferred under this section if both the requested and the requesting countries agree to such release.

Cite this section

Section 18, MUTUAL ASSISTANCE IN CRIMINAL MATTERS WITHIN THE COMMONWEALTH (ENACTMENT AND ENFORCEMENT) ACT (1998).

https://repo.podus.ai/laws/mutual-assistance-in-criminal-matters-within-the-commonwealth-enactment-and-enforcement-act/section/18/