This is a follow-up on my last post ( that is, the post of 16th June, 2015). Visit www.mylegalgists.blogspot.com to read that post for a recap.In that post, I raised an issue as to the practicability of the trial of Mr. Lokata for his offence in Nigeria since he was not even in Nigeria as at the time Drase Yupun threatened to jail him. Could he still be brought back to Nigeria to face his trial in the circumstances?
THE LEGAL PERSPECTIVE
It is relevant to first note that although the offence of Mr. Lokata in that scenario is an offence arising from matrimonial affairs, such offence is criminal in nature at least from the perspective of the penalty it attracts( that is, five years' jail term).It is also instructive to note that the issue of how Mr. Lokata would be brought to Nigeria and be tried in the scenario is a case of extradition. Now, what is extradition? Simply put, extradition is a request to a country by another country for the return of a fugitive, who has escaped into the territory of the former after committing an offence in the territory of the latter, to the latter for trial.
In the instant case, two key factors would determine whether or not it would be possible to return Mr. Lokata to Nigeria to face trial for deliberately contracting a void marriage with a woman without her knowledge. Firstly, it would be important to determine whether or not there was an extradition treaty between Nigeria and the United States at that material time.Secondly, even if there was such treaty between the two countries at that time, was the offence committed by the fugitive, Mr. Lokata, listed as one of the offences under the treaty?
The extradition treaty between the United States and Nigeria was signed by the British Colonial master on 24th June, 1935 and it entered into force on the same date.After independence, Nigeria adopted this treaty. So, it is still in force till today.It should be noted that once there is no extradition treaty between two countries it is very difficult, if not impossible, for extradition of suspects to take place between the countries.
The extradition treaty between Nigeria and United States, unfortunately, does not list matrimonial offences as part of the offences under it. Thus, it would be practically impossible for the Nigerian government to try Mr. Lokata for the offence he had committed in the scenario if he refused to come back to Nigeria.
Interestingly, however, since the marriage between Mr. Lokata and Drase Yupun was void ab initio, Yupun could just get a court declaration in Nigeria on the invalidity of the marriage, a certified true copy of which can be used to strip Mr. Lokata of his status as her husband in the United States to expose him to outright deportation to Nigeria. At that stage, his status as the spouse of the main immigrant, Drase Yupun, would have ceased with all the privileges attached to it including his status as a legal immigrant in the United States.
Thank you for reading.
THE LEGAL PERSPECTIVE
It is relevant to first note that although the offence of Mr. Lokata in that scenario is an offence arising from matrimonial affairs, such offence is criminal in nature at least from the perspective of the penalty it attracts( that is, five years' jail term).It is also instructive to note that the issue of how Mr. Lokata would be brought to Nigeria and be tried in the scenario is a case of extradition. Now, what is extradition? Simply put, extradition is a request to a country by another country for the return of a fugitive, who has escaped into the territory of the former after committing an offence in the territory of the latter, to the latter for trial.
In the instant case, two key factors would determine whether or not it would be possible to return Mr. Lokata to Nigeria to face trial for deliberately contracting a void marriage with a woman without her knowledge. Firstly, it would be important to determine whether or not there was an extradition treaty between Nigeria and the United States at that material time.Secondly, even if there was such treaty between the two countries at that time, was the offence committed by the fugitive, Mr. Lokata, listed as one of the offences under the treaty?
The extradition treaty between the United States and Nigeria was signed by the British Colonial master on 24th June, 1935 and it entered into force on the same date.After independence, Nigeria adopted this treaty. So, it is still in force till today.It should be noted that once there is no extradition treaty between two countries it is very difficult, if not impossible, for extradition of suspects to take place between the countries.
The extradition treaty between Nigeria and United States, unfortunately, does not list matrimonial offences as part of the offences under it. Thus, it would be practically impossible for the Nigerian government to try Mr. Lokata for the offence he had committed in the scenario if he refused to come back to Nigeria.
Interestingly, however, since the marriage between Mr. Lokata and Drase Yupun was void ab initio, Yupun could just get a court declaration in Nigeria on the invalidity of the marriage, a certified true copy of which can be used to strip Mr. Lokata of his status as her husband in the United States to expose him to outright deportation to Nigeria. At that stage, his status as the spouse of the main immigrant, Drase Yupun, would have ceased with all the privileges attached to it including his status as a legal immigrant in the United States.
Thank you for reading.
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