In 2016, the ‘United Nations Office on Drugs and Crime’ released a comprehensive document titled ‘Cases and Materials on Extradition in Nigeria,’ a collaborative effort involving the European Union, the Federal High Court, and prominent lawyers from the Office of the Attorney-General of the Federation. Notably, it explored the nuances of ‘Extradition’ and criticized ‘extraordinary rendition.’Thank you for reading this post, don't forget to subscribe!
Former AGF Abubakar Malami, who endorsed the project, highlighted the compendium’s inclusion of constitutional provisions, legislation, judicial pronouncements, and international instruments related to extradition in Nigeria. Ironically, this legal resource became a contradiction when the AGF later endorsed Nnamdi Kanu’s extraordinary rendition, creating a legal barrier against Kanu’s trial.
The compendium’s introduction emphasized the distinction between extradition and extraordinary rendition, condemning the latter as a government-sponsored arrest, kidnap, and abduction that violates international law principles. Despite endorsing Kanu’s rendition, AGF Malami initially hailed the compendium as a valuable resource on extradition, expressing commitment to due process.
Estoppel, a universal legal principle preventing contradiction of previous actions or statements, should bar the AGF’s defense of Kanu’s rendition as a lawful means of establishing criminal jurisdiction. The principles outlined in the compendium, endorsed by the AGF himself, should lead to the discontinuation of prosecution in the interest of justice. If prosecution persists, courts must apply estoppel to prevent any trial.