Section 2: Powers in Nigeria of sending country's service courts, etc.
(1) Subject to the provisions of this Act, the service courts and service authorities of a country to which this section applies may within Nigeria, or on board a Nigerian ship or aircraft, exercise over members of any visiting force of that country all such powers as are exercisable by them according to the law of that country.
(2) Subject to subsection (3) of this section, where any sentence has, whether within or outside Nigeria, been passed by a service court of a country to which this section applies upon a person who immediately before the sentence was passed was a member of a visiting force of that country, then for the purposes of any proceedings in a Nigerian court-
(a) that service court shall be taken to have been properly constituted; and
(b) the sentence shall be taken to be within the jurisdiction of that service court and in accordance with the law of that country; and
(c) if the sentence is executed according to its terms, it shall be taken to have been lawfully executed.
(3) A sentence of death passed by a service court of a country to which this section applies shall not be carried out in Nigeria unless under Nigerian law a sentence of death could have been passed in a similar case.
(4) Any person who-
(a) is detained in custody in pursuance of a sentence in respect of which subsection (2) of this section has effect; or
(b) being a member of a visiting force of a country to which this section applies, is detained in custody pending or during the trial by a service court of that country of a charge brought against him, shall for all purposes of any proceedings in any Nigerian court be deemed to be in lawful custody.
(5) The members of any service court exercising jurisdiction in Nigeria by virtue of this section, and witnesses appearing before such a court, shall enjoy the like immunities and privileges as are enjoyed by members of, and witnesses appearing before, a court martial exercising jurisdiction under the service law of Nigeria.
(6) Subsection (5) of this section is without prejudice to the powers conferred by section 10 of this Act.
Cite this section
Section 2, VISITING FORCES ACT (1965).
https://repo.podus.ai/laws/visiting-forces-act/section/2/