INTERNATIONAL LAW AND EXTRADICTION TREATY. A CASE STUDY OF KANU AND IGBOHO

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INTERNATIONAL LAW AND EXTRADICTION TREATY. A CASE STUDY OF KANU AND IGBOHO

CHAPTER ONE

INTRODUCTION

ABSTRACT

This research examines international law and extradiction treaty: a case study of kanu and igboho. It adopts the doctrinal approach by comparing and analyzing statutory provisions and treaties as they relate to the law and politics of extradition. The research found that despite the existence of treaties, extradition practices in international relations are fraught with politics of national interest as against a sincere desire to facilitate the wheel of the international justice system, which main objective is the ensuring of adequate and deserving punishment for offenders of any country of origin/residence, no matter which country they may have fled to.

It was also found that most third world countries hardly get their extradition requests to advanced countries granted as a result of (i) their perceived weak justice institutions which the advanced countries often believe cannot guarantee justice for fugitive offenders; and (ii) the superiority complex of the advanced countries. Consequently, the third world countries often resort to

extra-ordinary rendition out of frustration which in itself constitute an act of international terrorism. The advanced western countries on the other hand have always been reluctant to surrender fugitive criminals for trial or punishment in third world countries.

However this has to do with two African countries but Nigerian government are still finding it very difficult extradicting Sunday Igboho as this case is still fraught with both political and legal interests, twists and turns.

1.1 Background of the Study

International law is a dynamic and multifaceted field that governs the interactions between states, individuals, and international organizations. One crucial aspect of international law is extradition, which involves the surrender of a person from one state to another for prosecution or punishment. The extradition process is guided by treaties negotiated between countries to facilitate cooperation in dealing with transnational crimes.

In recent times, the cases of Nnamdi Kanu and Sunday Igboho have attracted significant attention both domestically and internationally. Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), faces charges related to secessionist activities and terrorism in Nigeria. Sunday Igboho, a Yoruba activist, is accused of offenses such as sedition and illegal possession of firearms. Both cases involve complex legal issues, including questions about the applicability of international law and extradition treaties.

International law, a cornerstone of global governance, establishes the norms and principles that guide the relationships between sovereign states. Within this intricate framework, extradition treaties stand as pivotal instruments designed to foster international cooperation in addressing transnational crimes. This study delves into the realm of international law and extradition treaties, with a particular focus on the cases of Nnamdi Kanu and Sunday Igboho—two figures whose legal battles have reverberated beyond national borders.

The essence of international law lies in its capacity to harmonize divergent legal systems, facilitating collaboration between nations in the pursuit of justice. Extradition, as an integral component of this legal tapestry, embodies the shared commitment of states to combat cross-border criminal activities. The complexities of extradition, however, emerge when cases involve individuals whose actions straddle the fine line between political dissent and criminality.

Nnamdi Kanu, the charismatic leader of the Indigenous People of Biafra (IPOB), has become a symbol of the struggle for self-determination in Nigeria. Accused of offenses ranging from secessionist activities to terrorism, Kanu’s legal saga has transcended national boundaries, invoking questions about the intersections between domestic and international law. Similarly, Sunday Igboho, a prominent Yoruba activist, faces allegations of sedition and illegal possession of firearms, thrusting his legal challenges into the international spotlight.

1.2 Statement of the Problem

The cases of Nnamdi Kanu and Sunday Igboho pose significant challenges within the framework of international law, particularly in the context of extradition treaties. These challenges include issues related to human rights, political motivations, and the interpretation and application of extradition agreements between Nigeria and other countries.

The study aims to analyze the legal implications and challenges surrounding the extradition processes of Nnamdi Kanu and Sunday Igboho, considering the broader context of international law. It seeks to address questions such as the adequacy of legal safeguards in extradition treaties, the role of political considerations in extradition requests, and the protection of human rights during the extradition process.

1.3 Objectives of the Study

The primary objectives of this study are as follows:

To examine the legal framework of international law governing extradition and its application in the cases of Nnamdi Kanu and Sunday Igboho.

To assess the role of political considerations in the extradition requests for Kanu and Igboho.

To analyze the human rights implications of the extradition processes and their conformity with international standards.

To explore the challenges and prospects of extradition treaties in the resolution of transnational criminal cases.

1.4 Research Questions

What is the legal basis for extradition in international law, and how is it applied in the cases of Nnamdi Kanu and Sunday Igboho?

To what extent do political considerations influence the extradition requests for Kanu and Igboho?

What are the human rights implications of the extradition processes, and do they align with international standards?

What challenges and prospects are associated with extradition treaties in the resolution of transnational criminal cases?

1.5 Significance of the Study

This study is significant for several reasons. Firstly, it contributes to the existing body of knowledge on international law and extradition by providing an in-depth analysis of specific cases involving prominent individuals. Secondly, it sheds light on the challenges and complexities surrounding extradition processes in the context of politically sensitive cases. Finally, the study may inform policymakers, legal practitioners, and human rights advocates on the need for reforms or improvements in the extradition framework to ensure fairness and adherence to international standards.

1.6 Scope and Limitations of the Study

The study will focus on the extradition cases of Nnamdi Kanu and Sunday Igboho, primarily examining the legal aspects within the context of international law. However, it is essential to acknowledge potential limitations, such as the availability of up-to-date information and the complexities inherent in politically sensitive cases.

1.7 Organization of the Study

This study is organized into chapters, each addressing specific aspects of international law, extradition, and the cases of Nnamdi Kanu and Sunday Igboho. Chapter Two provides a review of relevant literature, while Chapter Three presents the research methodology. Subsequent chapters delve into the legal framework, case analyses, and the implications of the extradition processes. The study concludes with recommendations and avenues for future research.

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