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.
Extradition Requirements under the IRG
Any non-German who has committed a criminal offence abroad can be extradited to the country in question, Sections 2 and 3 IRG. The crime in question must be punishable in both countries and in Germany by a maximum of at least 1-year imprisonment.
The extradition request must be rejected if it is based on political or personal motives. Military breaches of duty do not justify extradition as well, cf. Sections 6 and 7 IRG.
The person concerned is only extradited for the offences stated in the request. If they are to be tried for further offences, the consent of the requested state must be obtained. Further extraditions, transfers or deportations to third countries also require approval, cf. Section 11 IRG.
Potential problems of extradition to Nigeria
Death Penalty
If the person concerned is threatened with death for their actions in the requesting state, extradition can still occur if assurances are given that the death penalty will at least not be carried out, Section 8 IRG.
In 2021, 56 people were sentenced to death in Nigeria. However, the last official execution took place in 2016. The death penalty is imposed for murder, rape and extramarital sex.
Human Rights
Torture and inhuman and degrading treatment preclude extradition from Germany under Article 3 ECHR.
Amnesty International reports abuses throughout the Nigerian justice system. Although officially the last execution was carried out in 2016, Nigerian security forces are said to have carried out the arbitrary killing on several occasions.
In one of Nigeria’s states, the punishment for sexual crimes is the castration of the offender. Such a punishment constitutes inhuman and degrading treatment within the meaning of Article 3 ECHR.
Civil Rights
Particular during demonstrations in Nigeria, people are repeatedly injured and even killed because security forces use violence against the demonstrators. Freedom of expression and assembly are, therefore, non-existent. Social media, through which critical opinions could be expressed, have also been partially blocked by the government.
Street controls and curfews are also widespread. Restrictions on civil rights are mainly justified by the danger of terrorist attacks, which are taking place. The Foreign Office generally warns of robbery, kidnapping and murder, increasingly committed by false uniforms.
The right to education could not be exercised in recent years. Terroristic attacks have repeatedly been directed against state buildings in general, thus also against schools and other educational institutions.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
Contact our German Extradition & Interpol Lawyers
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
