Section 5: CONDITION FOR TRANSFER (AS AMENDED BY SECTION 2 OF THE TRANSFER OF CONVICTED OFFENDERS (ENACTMENT AND ENFORCEMENT) (AMENDED) ACT, 2013)

(1) A convicted offender may be transferred to the administering country under this Act only on the fulfilment of the following conditions, that is to say
(a) if the convicted offender-
(i) is a citizen or national of the administering country;
(ii) has, with the administering country, such close ties of the kind that may be recognised by the administering country as sufficient to warrant a transfer under this Act;
(b) if the judgment is final under the laws of the sentencing country;
(c) if at the time of receipt of the request for transfer the convicted offender still has to serve not less than six months of the sentence or if the sentence is indeterminate;
(d)
if the convicted offended is sentenced to not less than 12 months imprisonment and where both countries agree."
(e) if the sentencing and administering countries mutually agree to the transfer.
(2) In an exceptional case, both the sentencing and the administering countries may agree to a transfer notwithstanding that the time remaining to be served by the convicted offender is less than that specified under paragraph (c) of subsection (1) of this section.
(3) For the purposes of sub-paragraph (i) of paragraph (a) of subsection (1) of this section and subject to section 28 of the Constitution of the Federal Republic of Nigeria, 1999, a person is a citizen of Nigeria if he falls within any of the conditions stipulated under sections 25 to 27 of the said Constitution.