Extradition from Thailand to Nigeria

Overview of Thailand–Nigeria Extradition

Thailand and Nigeria do not have a bilateral extradition treaty in place. Despite the absence of a formal agreement, extradition requests between the two countries may still be processed on the basis of reciprocity under Thailand’s domestic legislation.

The legal framework governing extradition from Thailand is primarily established by the Extradition Act B.E. 2551 (2008), which allows for extradition proceedings even without a bilateral treaty, provided certain conditions are met. All extradition requests must be processed through Thailand’s Central Authority, which is the Office of the Attorney General.

Key principles that apply to Thailand-Nigeria extradition cases include the requirement of double criminality (the offense must be punishable by at least one year imprisonment in both countries), the rule of specialty, and the political offense exception. Thai nationals are generally not extradited unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval.

Without a bilateral treaty, any potential extradition between Thailand and Nigeria would rely on reciprocity arrangements and must satisfy the stringent requirements set forth in Thailand’s domestic extradition legislation.

Does Thailand Have an Extradition Treaty with Nigeria?

No, Thailand does not have a bilateral extradition treaty with Nigeria. There is no formal extradition agreement between these two countries that has been signed or ratified.

Despite the absence of a bilateral treaty, extradition between Thailand and Nigeria may still be possible under Thailand’s domestic legislation. The Extradition Act B.E. 2551 (2008) allows for extradition on the basis of reciprocity, even when no formal treaty exists between the countries.

In cases where no bilateral treaty is in place, extradition requests from Nigeria would be processed through Thailand’s Central Authority, which is the Office of the Attorney General. Such requests would need to meet several key requirements:

• Double criminality – the alleged offense must be punishable by at least one year of imprisonment in both countries
• Rule of specialty – the requested person can only be prosecuted for the specific crimes mentioned in the extradition request
• Political offense exception – extradition will not be granted for political crimes

It’s important to note that Thai nationals are generally not extradited unless a treaty specifically permits it or the Thai Cabinet provides special approval and the individual consents to the extradition.

The possibility of extradition based on reciprocity means that cooperation between Thailand and Nigeria in criminal matters could occur on a case-by-case basis, subject to the discretionary approval of Thai authorities and compliance with Thai legal requirements.

Extradition Process from Thailand to Nigeria

The extradition process between Thailand and Nigeria operates without a bilateral extradition treaty, making it more complex and reliant on reciprocity principles under Thai domestic law. Despite the absence of a formal treaty, extradition remains possible through Thailand’s Extradition Act B.E. 2551 (2008), which allows for extradition based on reciprocity and comity between nations.

Who Initiates the Request

Extradition requests from Nigeria to Thailand are initiated by Nigerian law enforcement authorities or the Office of the Attorney General of Nigeria. The request must be transmitted through diplomatic channels to Thailand’s Central Authority, which is the Office of the Attorney General of Thailand. This central authority serves as the primary liaison for all international extradition matters and coordinates with relevant Thai judicial and executive bodies.

The requesting Nigerian authorities must provide comprehensive documentation including evidence of the alleged crime, proof of identity of the fugitive, and demonstration that the offense meets Thailand’s requirements for extradition without a treaty.

Judicial Authorities in Thailand

The extradition process in Thailand involves multiple judicial and administrative levels:

• Office of the Attorney General – Acts as the Central Authority, reviewing the initial request for completeness and legal sufficiency
• Criminal Court – Conducts preliminary hearings to determine if there is sufficient evidence to warrant extradition proceedings
• Court of Appeals – Reviews decisions from lower courts if appeals are filed
• Supreme Court – Final judicial authority for complex legal questions or appeals
• Cabinet of Thailand – Makes the final executive decision on extradition, particularly important given the absence of a bilateral treaty

Without a treaty framework, Thai courts apply stricter scrutiny to ensure all legal requirements are met, including the principle of double criminality and the rule of specialty.

Processing Timeline

The absence of a bilateral treaty significantly extends processing times for extradition requests between Thailand and Nigeria:

Legal Requirements and Limitations

Several key legal principles govern extradition from Thailand to Nigeria in the absence of a treaty:

• Double Criminality – The alleged offense must be criminal in both Thailand and Nigeria, with a minimum penalty of one year imprisonment
• Rule of Specialty – The fugitive can only be prosecuted for the specific crimes mentioned in the extradition request
• Political Offense Exception – Political crimes are generally not subject to extradition
• Thai Nationals Protection – Thai citizens are typically not extradited unless specific consent or Cabinet approval is obtained

Common extraditable offenses between the two countries include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, provided they meet the double criminality requirement and minimum penalty threshold.

Grounds for Refusal

Thailand maintains several legal safeguards that can prevent extradition to Nigeria, even when a valid request is submitted through proper channels. Understanding these grounds for refusal is crucial for individuals facing potential extradition proceedings.

Political Offences Exception

One of the most significant protections under Thai extradition law is the political offence exception. Thailand will not extradite individuals whose alleged crimes are considered political or military in nature. This protection extends to cases where:

• The charges appear to be politically motivated rather than based on genuine criminal conduct
• The requesting state may be using criminal allegations to suppress political opposition
• Military offences that do not constitute crimes under ordinary criminal law
• Acts connected to political unrest or civil conflicts

The determination of what constitutes a “political offence” is made by Thai authorities on a case-by-case basis, considering the nature of the alleged crime and the circumstances surrounding the charges.

Thai Nationality Protection

Thailand generally does not extradite its own nationals unless specific treaty provisions permit such action or Cabinet approval is obtained. Thai citizens enjoy enhanced protection against extradition, and even dual nationals may benefit from this safeguard. Key considerations include:

• Proof of Thai citizenship through birth, naturalization, or other legal means
• The principle that Thai nationals should face justice within Thailand’s legal system
• Special procedures required for any exceptions to this general rule
• Enhanced scrutiny of requests involving Thai nationals

Risk of Death Penalty and Torture

Thailand will refuse extradition requests where there is a substantial risk that the individual may face the death penalty without adequate assurances from the requesting state. This protection also extends to risks of torture or other cruel, inhuman, or degrading treatment. Relevant factors include:

• Whether the alleged offences carry capital punishment in Nigeria
• Nigeria’s willingness to provide diplomatic assurances against imposing the death penalty
• Evidence of systematic torture or mistreatment in Nigerian detention facilities
• The individual’s particular vulnerability to persecution or abuse

Risk of Persecution

Beyond the political offence exception, Thailand may refuse extradition if there are reasonable grounds to believe the individual would face persecution in Nigeria. This broader protection covers situations involving:

• Discrimination based on race, religion, nationality, or political opinion
• Systematic denial of fair trial rights
• Evidence of judicial corruption or lack of independence
• Targeting of specific ethnic or religious minorities

Double Jeopardy (Ne Bis In Idem)

Thai law prohibits extradition where the individual has already been tried and acquitted or convicted for the same offence. This double jeopardy protection ensures that no person faces prosecution twice for identical criminal conduct, whether the previous proceedings occurred in Thailand or another jurisdiction.

Time-Barred Offences

Extradition may be refused if the alleged offences are time-barred under either Thai law or the law of the requesting state. This includes situations where:

• The statute of limitations has expired
• Prosecution is no longer legally possible due to time constraints
• The delay in requesting extradition undermines the legitimacy of the proceedings

Given that Thailand and Nigeria do not have a bilateral extradition treaty, any extradition would need to proceed under Thailand’s domestic Extradition Act B.E. 2551 (2008) on the basis of reciprocity. This adds an additional layer of scrutiny to ensure that fundamental rights and legal protections are maintained throughout the process.

Notable Cases of Extradition from Thailand to Nigeria

While Thailand and Nigeria do not have a formal bilateral extradition treaty, cooperation between the two countries in criminal matters has increased significantly in recent years, particularly in cases involving cybercrime and drug trafficking. The following cases demonstrate how extradition requests are processed under Thailand’s reciprocity provisions.

Case 1: Cybercrime Syndicate Leader (January 2025)

In January 2025, Thai authorities arrested Chukwuemeka Okafor, a 34-year-old Nigerian national, in Bangkok following an extradition request from Nigeria’s Economic and Financial Crimes Commission (EFCC). Okafor was accused of orchestrating a sophisticated online romance scam that defrauded victims across West Africa and Europe of over $2.8 million between 2022 and 2024.

The case proceeded under Thailand’s Extradition Act B.E. 2551 (2008) on the basis of reciprocity, as both countries criminalize fraud with penalties exceeding one year imprisonment, satisfying the double criminality requirement. Thailand’s Central Authority, operating through the Office of the Attorney General, coordinated with Nigerian authorities to ensure proper documentation and evidence presentation.

Okafor’s legal team initially challenged the extradition on grounds that the alleged crimes were politically motivated, but Thai courts rejected this argument after determining the charges related to common criminal fraud rather than political offenses. The extradition was approved in March 2025, with Okafor being transferred to Nigerian custody under assurances that he would not face the death penalty.

Case 2: International Drug Trafficking Network (February 2025)

A more complex case emerged in February 2025 involving Adebayo Tijani, a dual Nigerian-British citizen arrested at Suvarnabhumi Airport while attempting to transit through Thailand with 3.2 kilograms of heroin concealed in specially modified luggage. Nigerian authorities had been tracking Tijani as part of a larger investigation into a drug trafficking network operating between Southeast Asia and West Africa.

The extradition request highlighted the challenges of cases involving dual nationality. Under Thai law, the fact that Tijani held British citizenship did not automatically prevent extradition to Nigeria, as he was primarily sought for crimes committed against Nigerian jurisdiction. The case required careful examination of the rule of specialty, ensuring that Nigeria would only prosecute Tijani for the specific charges outlined in the extradition request.

Thailand’s Attorney General’s Office worked closely with both Nigerian and British diplomatic missions to ensure proper procedural compliance. The extradition was ultimately granted in April 2025, with specific conditions that Tijani would serve any sentence in facilities meeting international standards and that his British consular access would be maintained throughout the legal proceedings.

These cases illustrate the practical application of Thailand’s extradition procedures in the absence of a formal treaty with Nigeria, demonstrating that reciprocity-based cooperation can be effective when proper legal safeguards and diplomatic coordination are maintained.

Alternatives and Legal Defense

When facing extradition from Thailand to Nigeria, individuals have several legal avenues to challenge the request and protect their rights. Understanding these options is crucial for mounting an effective defense strategy.

Appeal Opportunities

The Thai extradition process provides multiple stages where appeals can be filed. After the initial court hearing, defendants can appeal adverse decisions to higher courts within Thailand’s judicial system. The appeal process typically involves:

• Court of First Instance appeals – challenging the initial extradition order
• Court of Appeals review – second-level judicial examination
• Supreme Court petition – final domestic legal remedy
• Administrative review – challenging decisions by the Office of the Attorney General

Each appeal stage offers opportunities to present new evidence, challenge procedural errors, or argue against the legal basis for extradition.

Legal Defense Strategies

Experienced legal counsel can employ various defense strategies based on Thailand’s extradition laws and international standards. Key defense approaches include:

Challenging double criminality requirements: Since extradition requires that the alleged offense be punishable by at least one year in both countries, defense attorneys can argue that the conduct doesn’t meet this threshold or isn’t criminalized under Thai law.

Political offense exception: If the charges appear politically motivated or relate to political activities, this can form grounds for refusing extradition under Thai law.

Risk of persecution: Demonstrating that extradition would expose the individual to persecution, torture, or unfair treatment can prevent extradition.

Procedural violations: Challenging improper procedures in the extradition request or Thai court proceedings can invalidate the entire process.

Asylum and Protection Options

While Thailand is not a signatory to the 1951 Refugee Convention, individuals facing extradition may still seek protection through various channels:

UNHCR protection: The UN High Commissioner for Refugees operates in Thailand and can provide protection to individuals who qualify as refugees under international law, potentially preventing extradition.

Non-refoulement principle: Thailand generally respects the principle of non-refoulement, which prohibits returning individuals to countries where they face serious harm.

Humanitarian considerations: Thai authorities may consider humanitarian factors, including family ties, health conditions, or risk of human rights violations.

Given the absence of a bilateral extradition treaty between Thailand and Nigeria, the reciprocity-based approach under Thai law may provide additional defense opportunities. The discretionary nature of reciprocity-based extradition allows for more flexible consideration of humanitarian and legal factors that might prevent extradition under a mandatory treaty framework.