MUTUAL ASSISTANCE IN CRIMINAL MATTERS WITHIN THE COMMONWEALTH (ENACTMENT AND ENFORCEMENT) ACT

Act · Security

An Act enables Nigeria to provide and receive assistance in criminal investigations with Commonwealth countries. It targets law enforcement agencies and the Attorney General for handling requests. This supports effective prosecution of transnational crimes.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS WITHIN THE COMMONWEALTH (ENACTMENT AND ENFORCEMENT) ACT

What Is This Policy?

An Act giving effect to the Commonwealth Scheme for Mutual Assistance in Criminal Matters, enabling Nigeria to obtain and provide assistance to Commonwealth countries in criminal investigations and prosecutions.

Who Does It Target?

EFCC, Police, and prosecution agencies seeking foreign assistance Counterpart law enforcement agencies in Commonwealth countries The Attorney General of the Federation as the central authority Courts handling mutual assistance requests

What Does It Aim to Achieve?

Enable Nigerian authorities to obtain evidence, serve documents, and secure witnesses from Commonwealth countries, and provide equivalent assistance to Commonwealth partners.

Key Features

Central Authority: The AGF is Nigeria's central authority for receiving and transmitting mutual assistance requests. Service of Documents: Nigerian courts may seek service of court documents on persons in Commonwealth countries. Evidence Gathering: Police may obtain evidence from Commonwealth counterparts for Nigerian criminal proceedings. Reciprocity: Nigeria must provide equivalent assistance to Commonwealth partners.

Current Status

Rollout Stage: Active Coverage: All 54 Commonwealth member countries Beneficiaries: Criminal justice system; crime victims Funding: Federal Government

How to Access

Requests must be made through the AGF to the foreign central authority Court orders may be needed to compel evidence in some Commonwealth countries Assistance requests must specify the offence and nature of evidence needed Application method: Submit requests through the AGF Office at https://www.agf.gov.ng

Important Terms

Assistance may be refused if it would compromise national security or fundamental rights The treaty does not override Nigeria's domestic constitutional protections Confidentiality of requests must be maintained where specified

Official Resources

Website: https://www.agf.gov.ng Contact: Office of the Attorney General of the Federation

Legal Framework

Enacted under Section 4 of the 1999 Constitution. Gives domestic effect to the Commonwealth (Harare) Scheme on Mutual Assistance in Criminal Matters 1986, operating alongside the Extradition Act, the Criminal Justice (International Co-operation) Act, the Administration of Criminal Justice Act 2015, and the Economic and Financial Crimes Commission Act 2004.

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