TRANSFER OF CONVICTED OFFENDERS (ENACTMENT AND ENFORCEMENT) ACT
Section 1: Enforcement and power to apply Act by order: reciprocity.
(1) As from the commencement of this Act the provisions of the Scheme for the Transfer of Convicted Offenders within the Commonwealth as are set out in this Act (in this Act referred to as the "Transfer Agreement") shall, subject to this Act, have the full force of law in Nigeria and shall be given full recognition and effect and be applied by all authorities and persons exercising legislative, executive or judicial powers in Nigeria.
(2) The provisions of this Act shall apply to every separate country within the Commonwealth, on the basis of reciprocity.
(3) Accordingly, where a Transfer Agreement has been made between Nigeria and any other Commonwealth country for the transfer of convicted offenders, the President may, by order published in the Federal Gazette, apply the provisions of this Act to that other country.
(4) An order made under subsection (3) of this section shall recite and embody the specific terms of the Transfer Agreement or may apply the provisions of this Act to the country subject to such conditions, exceptions and qualifications as may be specified in the Order.
(5) While an order made under subsection (3) of this section is in force in respect of any country, this Act shall apply to that country subject to the provisions of the order and to the terms of the Transfer Agreement as recited in the text of such order.
(6) The power to vary an order made under subsection (3) of this section shall include power, where the terms of the relevant Transfer Agreement has been varied, to amend the order to recite or embody those terms; and if the Transfer Agreement to which such an order relates is determined or otherwise ceases to have effect, the President shall forthwith revoke the order.
(7) Every order made under subsection (3) of this section which applies this Act to any country shall include a provision inserting in the Schedule to this Act an entry consisting of the name of that country, the year of the statutory instrument containing the order, and where such order is varied or revoked, the varying or revoking order shall include an order deleting the relevant entry from that Schedule.
(8) For the purposes of subsection (2) of this section, each of the following is a separate country, that is to say-
(a) each sovereign and independent country within the Commonwealth together with any dependent territories which that country so designates; and
(b) each country within the Commonwealth which, although not sovereign and independent is not designated for the purposes of paragraph (a) of this subsection.
Cite this section
Section 1, TRANSFER OF CONVICTED OFFENDERS (ENACTMENT AND ENFORCEMENT) ACT (1988).
https://repo.podus.ai/laws/transfer-of-convicted-offenders-enactment-and-enforcement-act/section/1/