Best Extradition Lawyers in Maryland

1. About Extradition Law in Maryland, Nigeria

Extradition is the formal process by which a country surrenders a person to another country for prosecution or punishment for offenses. In Maryland, extradition is driven by federal law, international treaties, and nationwide procedures, with state-level steps occurring in parallel to federal action. The U.S. Constitution and federal statutes set the framework, while Maryland courts handle initial determinations and procedural matters that lead to surrender if appropriate.

Nigeria’s extradition framework relies on national legislation and international agreements. The Extradition Act Cap E25 LFN 2004 governs the process within Nigeria and with foreign countries. The President and the Attorney General of the Federation play key roles in initiating, approving, or denying requests, and Nigerian Federal High Court procedure provides the venue for certain determinations.

For Maryland residents and Nigerian nationals, understanding both sides of the law helps in assessing risk, possible defenses, and timing. When extradition is sought across borders, it typically involves a treaty or a request under federal law rather than only state or national statutes.

Key point: International extradition in the United States is primarily a federal matter, guided by the Extradition Clause of the U.S. Constitution and 18 U.S.C. 3181-3188. In Nigeria, the Extradition Act Cap E25 LFN 2004 governs cross-border cases.

2. Why You May Need a Lawyer

Extradition cases involve complex intersections of treaty law, domestic statutes, and procedural rules. A lawyer helps you protect due process rights and mount appropriate defenses. Below are concrete, real-world scenarios relevant to Maryland and Nigeria.

• A Maryland resident is accused of fraud in Nigeria and a Nigerian extradition request is filed. A lawyer helps assess dual criminality, the sufficiency of the evidence, and potential defenses under Nigerian law and U.S. law.
• You are a Nigerian national living in Maryland and receive a formal extradition request. An attorney can evaluate the treaty framework, rights to challenge the request, and possible stay or appeal options.
• Charges involve political offense claims by Nigerian authorities. A legal counsel can argue exemptions or limitations under the treaty and domestic law to prevent surrender.
• You face a rapid detention or arrest while extradition is being considered. A lawyer can seek bail, stay of extradition, or court-ordered review to protect constitutional rights.
• The case involves dual nationality or multiple jurisdictions. An attorney can coordinate strategies across Maryland courts and Nigerian authorities to optimize timing and defenses.
• The evidence is primarily documentary or electronic in nature. A lawyer helps challenge admissibility, chain of custody, and the authenticity of foreign evidence in U.S. or Nigerian courts.

3. Local Laws Overview

The following laws and regulations shape extradition in Maryland and Nigeria. They illustrate the jurisdiction-specific framework, including recent or notable elements.

Maryland and United States authorities

• U.S. Constitution, Article IV, Extradition Clause - Establishes the obligation to extradite individuals between states and foreign countries through treaties and federal law. This constitutional provision underpins international extradition via treaties and federal processes.
• 18 U.S.C. §§ 3181-3188 (Extradition Act) - The federal statutory framework for extradition requests, procedures, and surrender. Section 3184 covers requests for extradition and related judicial proceedings.
• 18 U.S.C. § 3185-3188 - Additional provisions on fugitive matters, procedure, and related rights in extradition cases.

These federal authorities work alongside state court procedures in Maryland to process international extradition requests. For practical guidance, consult official federal resources on extradition and treaties.

Nigeria

• Extradition Act Cap E25 LFN 2004 - The primary domestic law governing extradition in Nigeria, including procedures, standards, and the roles of the Executive and judiciary. The Act provides for surrender requests and the administrative framework for processing them.
• Constitution of the Federal Republic of Nigeria, 1999 - Establishes the constitutional basis for international cooperation and the authority of the executive branch in extradition matters.
• Treaties and International Agreements (as applicable) - Nigeria’s international extradition obligations often operate through bilateral treaties, including the framework for cooperation with other nations such as the United States. Official texts are accessible via Nigeria’s official legislation portals.

Recent practical notes: Nigeria periodically updates its international cooperation instruments and implements treaty obligations through the Extradition Act and related regulations. For the most current text, consult Nigeria’s official legislation portal.

4. Frequently Asked Questions

What is extradition and how does it start?

Extradition is the legal process by which a country surrenders a person to another country for prosecution. It starts with a formal request from the other country, typically supported by documents and evidence showing probable cause. The process proceeds through executive review and court procedures in Maryland and Nigeria, as applicable.

What is the dual criminality requirement in extradition?

Dual criminality means the offense must be criminal in both the requesting and the requested country. If an act is not a crime where the person is located, extradition may be denied or limited. This standard is applied in both U.S. and Nigerian contexts depending on the treaty and Act involved.

How long does an extradition case usually take in Maryland and Nigeria?

Timelines vary with case complexity and evidence. In the United States, extradition proceedings can take several months to years. In Nigeria, proceedings may last from weeks to months depending on court schedules and treaty steps.

Do I need a lawyer if I face extradition to or from Nigeria or the United States?

Yes. A qualified attorney with cross-border experience helps interpret treaties, challenge admissibility, and protect due process rights. Legal representation is critical for navigating both Nigerian and U.S. procedures.

What should I expect at an extradition hearing?

Expect a review of the request’s legality, potential defenses, and whether dual criminality and treaty requirements are satisfied. Hearings may involve both immigration or criminal courts, depending on the jurisdiction and stage of the process.

What is a political offense exception and can it apply?

The political offense exception excludes certain offenses from extradition. Its applicability depends on the offense, the treaty, and the country’s interpretation, requiring careful legal analysis.

What is the difference between a surrender order and a deportation in extradition context?

A surrender order is the formal decision to hand a person over for trial in the foreign country. Deportation refers to removal from a country for immigration or security reasons, not for criminal prosecution overseas. The processes and authorities involved differ.

How can I challenge extradition in Nigeria?

A Nigerian lawyer can file legal challenges based on due process, political offense, or treaty limitations. Appeals or stays of extradition may be pursued in Federal High Court, depending on case specifics.

What documents are crucial for an extradition defense?

Key documents include warrants or arrest orders, case files from the requesting country, treaty texts, and evidence supporting dual criminality or offenses claimed. Maintaining complete records helps the defense at hearings.

Can extradition requests be delayed on humanitarian grounds?

Yes. Courts may grant stays or delays for humanitarian reasons or to preserve rights, especially if the person faces potential health, safety, or due process concerns. Each case depends on specific facts and jurisdiction.

What is the role of treaties in Maryland-Nigeria extradition cases?

Treaties determine the framework, scope, and limits of extradition between the United States and Nigeria. They influence admissibility, offenses covered, and procedural steps that both sides must follow.

5. Additional Resources

Access official sources for further information and texts relevant to extradition in Maryland, the United States, and Nigeria.

• U.S. Department of Justice - Extradition - Provides guidance on the federal extradition process, criteria, and procedures. https://www.justice.gov/criminal-ccips/extradition
• U.S. Department of State - Treaties in Force - Lists bilateral treaties including extradition agreements and related obligations. https://www.state.gov/treaties-in-force
• Nigeria Legislation Portal - Official portal hosting Nigerian Acts, including the Extradition Act Cap E25 LFN 2004. https://www.legislation.gov.ng

6. Next Steps

1. Confirm the jurisdiction and nature of the request - Determine whether the case involves international extradition, a domestic surrender, or a procedural arrest, and identify the issuing country.
2. Identify the correct legal team - Seek a lawyer with cross-border extradition experience in both Maryland and Nigeria, or with access to Nigerian counsel as needed.
3. Gather all case materials immediately - Collect arrest warrants, charging documents, treaties, and any communications from Nigerian or U.S. authorities.
4. Request a confidential initial consultation - Schedule with an extradition attorney to review defenses, timelines, and potential stay options.
5. Assess defenses and eligibility - Evaluate dual criminality, political offense exemptions, treaty limitations, and potential rights violations.
6. Consider a stay or bond where appropriate - Explore options to delay surrender while the defense prepares findings or appellate reviews.
7. Prepare for ongoing communications - Maintain open dialogue with your counsel about deadlines, evidence, and strategy across jurisdictions.