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WHEREAS by the Act of the Imperial Parliament known as "The Extradition Act, 1870," it is amongst other things enacted that the said Act when applied by Order in Council, shall, unless it is otherwise provided by such Order, extend to every British possession, but with the following among other modifications, namely:
No warrant of a Secretary of State shall be required, and all powers vested in, or acts authorised or required to be done under the said Act by the Police Magistrates and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone;
And any prison in the British possession may be substituted for a prison in Middlesex.
And whereas by the said Act it is also enacted that:
If by any law or Ordinance made before or after the passing of the said Act, by the legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are in, or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Act in the case of any foreign state, or by any subsequent Order, either
Suspend the operation within any such British possession of the said Act, or any part thereof, so far as it relates to such foreign state, and so long as such law or Ordinance continues in force there, and no longer;
Or direct that such law or Ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of the said Act.
* 23rd Nov. 1877, Order of Queen in Council directing the Ordinance to have effect in the Colony as if it were part of the Extradition Act, 1870. Order of the Queen in Council bringing Ordinance into operation, proclaimed January 12th, 1878: see Appendix. For Extradition Acts, 1870 and 1873, see Appendix. Refer to 44 & 45 Vict. c. 69, The Fugitive Offenders Act.
And whereas by another Act of the Imperial Parliament known as "The Extradition Act, 1873," it is enacted that the said Act shall be construed as one with "The Extradition Act, 1870," and that the said two Acts may be cited together as "The Extradition Acts, 1870 and 1873."
And whereas it is expedient to provide for the more convenient administration within the Colony of "The Extradition Acts, 1870 and 1873," by conferring on the District Commissioners of the Colony the like powers and authorities in relation to the surrender of Fugitive Criminals as are by the said Acts vested in Police Magistrates and Justices of the Peace in the United Kingdom.
1. This Ordinance may be cited as "The Extradition Ordi- Short title. nance."
2. All powers vested in and acts authorised or required to be Powers of done by a Police Magistrate or any Justice of the Peace in relation District Comto the surrender of Fugitive Criminals in the United Kingdom, relation to under The Extradition Acts, 1870 and 1873, are hereby vested extradition in, and may in the Colony be exercised and done by any District under the Commissioner, in relation to the surrender of Fugitive Criminals Imperial
under the said Acts.
FUGITIVE CRIMINALS (SURRENDER FROM THE PROTECTORATE).
Crime in respect of which surrender may be granted.
(No. 10-1907, amended.)
1. This Ordinance may be cited as "The Fugitive Criminals Surrender Ordinance."
2. In this Ordinance, unless the context otherwise requires,—
The term "Supreme Court" means any judge of the Supreme
The term "crime in respect of which surrender may be granted"
Provided that every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any crime or of being accessory before or after the fact of any such crime, shall be deemed for the purpose of this Ordinance to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
The terms "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused person includes a person so convicted for contumacy.
The term "fugitive criminal" means any person accused or Fugitive convicted of a crime in respect of which surrender may be criminal. granted committed within the jurisdiction of any foreign State who is in or is suspected of being in or on the way to some part of the Protectorate, and the term "fugitive criminal of a Fugitive foreign State" means a fugitive criminal accused or convicted criminal of of a crime in respect of which surrender may be granted, State. committed within the jurisdiction of that State. The term "Police Magistrate" means the person exercising Police jurisdiction as Police Magistrate at Lagos, Calabar or Warri, Magistrate. or any other place to which a Police Magistrate may be appointed, in accordance with the provisions of the Supreme Court Ordinance.
The term "Commissioner " means a District Commissioner, and Commisincludes an Assistant District Commissioner holding a judicial warrant.
The term "diplomatic representative of a foreign State" includes Diplomatic any person recognised by the Governor as a Consul-General, representaConsul, or Vice-Consul, or as the officer administering the Government of any possession, dependency or protectorate of that State.
The term "Warrant," in the case of any foreign State, includes Warrant. any judicial document authorising the arrest of a person accused or convicted of crime.
3. Where an arrangement has been made between His Majesty Where the King and the ruler of a foreign State under which the arrangement Protectorate is to surrender to that State or to its Protectorates of criminals any fugitive criminals, the Governor may by notice in the Gazette made, Ordidirect that this Ordinance shall apply in the case of that State nance to apply. during the continuance of the arrangement, and after such notice has been published in the Gazette this Ordinance shall subject to the terms of the arrangement apply accordingly. No such notice shall remain in force for any longer period than the arrangement, and the Governor may by the same or any subsequent notice limit the application of this Ordinance or render the operation thereof subject to such conditions, exceptions and qualifications as may be deemed expedient.
4. The following restrictions shall be observed with respect to Restrictions the surrender of fugitive criminals:
(1) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of a Police Magistrate or the Court before whom he is brought on habeas corpus, or to the Governor, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.
on surrender of criminals.
Liability of criminal to surrender.
issue of war
rant in Protectorate if crime is not
(2) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to the Protectorate, be detained or tried in that foreign State for any offence committed prior to his surrender other than the crime proved by the facts on which the surrender is grounded.
(3) A fugitive criminal who has been accused of some offence within His Majesty's jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the Protectorate, shall not be surrendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.
(4) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.
5. Where this Ordinance applies in the case of any foreign State, every fugitive criminal of that State who is in or suspected of being in any part of the Protectorate shall be liable to be apprehended and surrendered in manner provided by this Ordinance whether the crime in respect of which the surrender is sought was committed before or after the coming into operation of this Ordinance and whether there is or is not any concurrent jurisdiction in any Court of His Majesty's dominions or of the Protectorate over that crime.
6. A requisition for the surrender of a fugitive criminal of any Governor for foreign State, who is in or suspected of being in the Protectorate, shall be made to the Governor by some person recognised by the Governor as a diplomatic representative of that foreign State. The Governor may, by Order under his hand, signify to a Police Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
of a political character.
Issue of warrant by police magistrate, Com
If the Governor is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such order, and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.
7. A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in or suspected of being in or on the way to the Protectorate may be issued
(1) By a Police Magistrate on the receipt of the said order of
the Governor and on such evidence as would in his opinion justify the issue of the warrant if the crime had been committed or the criminal convicted in the Protectorate, and