Section 8: Apprehension, etc., of deserters and absentees without leave
(1) Subject to the provisions of this section, sections 241 to 243 and 245 of the Armed Forces Act (which relate to the apprehension, custody and delivery into military custody of deserters and absentees without leave from the armed forces of Nigeria) shall within Nigeria apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave from the armed forces of Nigeria.
(2) The powers conferred by the said sections 241 to 243 and 245, as applied by the foregoing subsections shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.
(3) In sections 242, 243 and 245 of the Armed Forces of Nigeria Act, as applied by subsection (1) of this section, references to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, and at such place in Nigeria, as may be designated by the appropriate authority of that country.
(4) For the purposes of any proceedings under or arising out of any provision of the Armed Forces Act as applied by the foregoing provisions of this section-
(a) a certificate issued by or on behalf of the Minister, stating that a request has been made for the exercise of the powers mentioned in subsection (2) of this section and indicating the effect of the request, shall be sufficient evidence, unless the contrary is proved, of the facts stated therein;
(b) a certificate issued by the officer commanding a unit or detachment of any of the forces of a country to which this section applies, stating that a person named and described therein was at the date of the certificate a deserter or absentee without leave from those forces, shall be sufficient evidence, unless the contrary is proved, of the facts stated therein.
(5) References in this section to the country to which a person belongs are references to the country from whose forces he is suspected of being, or (where he has surrendered himself) appears from his confession to be, a deserter or absentee without leave.
Cite this section
Section 8, VISITING FORCES ACT (1965).
https://repo.podus.ai/laws/visiting-forces-act/section/8/