HomeNigeria Extradition Treaty With the United States
Extradition between Nigeria and the United States isn’t a modern arrangement — it’s one of the oldest surrender mechanisms either country still relies on, dating back to the colonial era. That history sometimes leads people to assume the treaty is outdated or unenforceable, but Nigerian courts and the US Department of Justice apply it in real cases every year, from advance-fee fraud to cybercrime and drug trafficking. If you’re trying to understand whether the US and Nigeria actually have an extradition agreement, what it covers, and how a request moves from an Interpol notice to a courtroom in either country, the details below walk through exactly that — along with recent cases showing how the process plays out in practice.
Is There a Nigeria Extradition Treaty With the United States?
Yes. The United States extradition treaty with Nigeria dates back to December 22, 1931, when it was signed in London between the United Kingdom and the US and later extended to the Nigeria Protectorate. It entered into force on June 24, 1935, and — despite its colonial-era origin — remains fully binding today: Nigeria inherited the treaty at independence in 1960, and it continues to function as the legal basis for surrender requests between Abuja and Washington.
If you have been named in a US indictment, flagged with an Interpol Red Notice, or contacted about a pending extradition request while in Nigeria, speak with an Interpol Red Notice lawyer before responding to any authority — many Nigeria-to-US extradition cases start with a Red Notice or provisional arrest long before formal extradition papers arrive.
Nigeria Extradition Treaty With the United States 1931: Key Facts
| Legal Element | Rule Under the Nigeria–US Extradition Treaty |
|---|---|
| Origin | Signed December 22, 1931 (UK–US), extended to the Nigeria Protectorate; entered into force June 24, 1935 |
| Domestic legal basis (Nigeria) | Extradition Act, Cap E25, Laws of the Federation of Nigeria 2004, plus the Extradition (Modification) Order 2014 |
| Requesting authority | US requests are routed through Nigeria’s Attorney-General of the Federation |
| Deciding court | Nigeria’s Federal High Court reviews and rules on extradition applications |
| Double criminality | The alleged conduct must be a punishable offense under both Nigerian and US law |
| Extraditable offenses | Fraud, advance-fee (“419”) fraud, cybercrime, drug trafficking, money laundering, and comparable felonies |
| Nationality bar | No blanket bar — Nigeria has extradited its own nationals to the US under this treaty |
| Political offense exception | Extradition is refused for purely political offenses |
How the 1931 Treaty Plays Out in Practice: Two Contrasting Cases
The treaty’s age doesn’t make it symbolic — Nigerian courts and the Attorney-General’s office still apply it routinely, though outcomes vary by case.
Case where extradition proceeded: In a 2026 cyber-fraud matter, Nigerian authorities and Interpol’s National Central Bureau in Abuja arrested a suspect wanted in the US for a romance-scam scheme that ran from 2014 to 2018 and allegedly cost a North Carolina victim over $1.5 million. The suspect was flagged through a US-requested Interpol Red Notice, arrested on arrival in Nigeria, and surrendered to US authorities in May 2026 — a straightforward application of the 1931 treaty and the double-criminality standard.
Case where extradition was refused: By contrast, in the high-profile matter involving suspended police officer Abba Kyari — sought by the US on fraud and money-laundering counts tied to the “Hushpuppi” cyber-fraud network — Nigeria’s Federal High Court rejected the government’s own extradition application on procedural grounds. This shows that having an applicable treaty does not guarantee a fast or automatic surrender; a properly filed, procedurally sound application still matters.
Nigeria–US Extradition Process: Step by Step
- Notification or Red Notice — The person is flagged via Interpol or a provisional arrest request while the US prepares formal charging documents.
- Formal request to the Attorney-General — The US extradition request, with supporting evidence, is submitted to Nigeria’s Attorney-General of the Federation.
- Federal High Court review — A Nigerian judge examines double criminality, treaty coverage, procedural compliance, and any exceptions (political offense, defective paperwork).
- Ministerial/Attorney-General decision — If the court is satisfied, the Attorney-General signs off on surrender.
- Physical transfer — The individual is handed over to US federal marshals or agents for transport and arraignment in the requesting US district.
What to Do If You’re Facing an Extradition Request Between Nigeria and the US
- Don’t assume an 90-year-old treaty is unenforceable — it is actively used today.
- Retain counsel experienced specifically in Nigerian extradition proceedings and Interpol Red Notice challenges, not general criminal defense alone.
- Challenge procedural defects in the extradition application itself — as the Abba Kyari case shows, this is a real avenue for delay or dismissal.
- Prepare parallel representation on the US side, since the underlying case proceeds in a US federal court after surrender.
- Act before a becomes a formal arrest — earlier intervention gives more options.
⚠️ Time is critical — every day matters
Get a free case assessment
Our team specialises in cases with an international element. We review applicable treaties, assess risks, and prepare an action plan.
This article is published by an independent law firm for informational purposes only and does not represent or claim affiliation with any government body, international organization, or official authority.
FAQ
Is there a United States extradition treaty with Nigeria?
Yes — the 1931 treaty, originally between the UK and the US and extended to colonial Nigeria, remains legally binding and is still actively used.
Can Nigeria extradite its own citizens to the US?
Yes. Unlike some countries, the treaty and Nigeria’s Extradition Act do not create a blanket nationality bar; Nigerian nationals have been extradited to the US.
What crimes are covered under the Nigeria extradition treaty with the United States?
Serious offenses recognized as crimes in both countries — advance-fee fraud, cyber fraud, drug trafficking, money laundering, and similar felonies — generally qualify, subject to the double-criminality rule.
Does an Interpol Red Notice mean I will automatically be extradited from Nigeria?
No. A Red Notice typically triggers arrest or detention, but a Nigerian Federal High Court must still review and approve the actual extradition request — and can reject it, as happened in the Abba Kyari matter.
