An extradition request always means a tremendous emotional burden and a legal challenge for those affected, which should not be faced without professional legal support.
Schlun & Elseven is your reliable, globally active partner to protect you from extradition. We not only advise and represent clients who are to be extradited from or to Germany but also take on the defence in all Interpol proceedings to obtain the cancellation of Interpol Red Notices. If extradition proceedings are already pending against you or if you expect such proceedings in the future, please contact us immediately so we can take appropriate countermeasures.
There is no extradition agreement between Nigeria and Germany. However, both countries are member states of Interpol, so international extradition requests are not categorically excluded. Instead, each request is examined using general national guidelines. In Germany, the general extradition requirements are based on the IRG, the Law on International Mutual Legal Assistance in Criminal Matters.
The last extradition request from Nigeria to Germany was made in 2016. This was ultimately granted in court proceedings. On the other hand, Germany last made a request to Nigeria in 2007, which was also granted.
Extradition of German Citizens to Nigeria
The German constitution protects German citizens against extradition to third countries such as Nigeria. Third countries are those that do not belong to the European Union. Article 16 II of the German Basic Law permits the extradition of German citizens to other EU states or international courts, provided that the principles of the rule of law are upheld.
Extradition of non-German EU Citizens to Nigeria
Non-German EU citizens can also be extradited from Germany to third countries. In this regard, the ECJ ruled that the distinction between own citizens and EU citizens in extradition matters does not violate the general prohibition of discrimination under Article 18 TFEU or the free movement of persons under Article 21 TFEU.