…..President transmits amendment bill to Senate to facilitate prisoner-transfer agreements with foreign countries

President Bola Tinubu has asked the Senate to amend Nigeria’s existing law on the transfer of convicted offenders to establish a stronger legal framework for bringing eligible Nigerians serving prison sentences abroad back home to complete their jail terms.

The proposed legislation is also designed to provide a legal basis for the Federal Government to enter into prisoner-transfer agreements with foreign governments and facilitate the transfer of convicted persons between Nigeria and other countries under mutually agreed conditions.

Tinubu’s request was conveyed in a letter read by Senate President Godswill Akpabio during plenary on Tuesday.

The bill, titled the Transfer of Convicted Offenders Enactment and Enforcement Amendment Bill 2026, seeks to amend the Transfer of Convicted Offenders Enactment and Enforcement Act, Cap 216, Laws of the Federation of Nigeria, 2004.

In the letter, the President explained that the proposed amendment was intended to give legal effect to agreements between Nigeria and other countries for the transfer of convicted offenders.

According to him, the amendment would empower the Federal Government to establish and implement prisoner-transfer arrangements in accordance with the terms of relevant agreements with foreign governments.

“The Transfer of Convicted Offenders Enactment and Enforcement Amendment Bill 2026 seeks to amend the Transfer of Convicted Offenders Enactment and Enforcement Act, Act Cap 216, Laws of the Federal Republic of Nigeria, 2004, to give effect to the provisions of any scheme or agreement for the transfer of convicted offenders between the Federal Government of Nigeria and the government of any other country,” Tinubu stated.

The President further explained that the proposed amendment would empower him to extend the application of the law to countries with which Nigeria had entered into relevant agreements through an order published in the Federal Gazette.

The provision is expected to facilitate the implementation of prisoner-transfer arrangements, particularly with countries outside the Commonwealth, where additional legal provisions may be required to give effect to such agreements.

Following the presentation of the presidential letter, Senate President Godswill Akpabio referred the bill to the Senate Committee on Rules and Business for further legislative consideration.

The proposed amendment could expand Nigeria’s legal capacity to negotiate and implement arrangements allowing eligible Nigerians convicted in foreign jurisdictions to serve the remainder of their sentences in their home country, subject to the terms of the relevant agreements.

Such arrangements may also provide a legal basis for foreign nationals convicted in Nigeria to be transferred to their home countries where applicable agreements and legal requirements permit.

However, the proposed legislation does not mean that every Nigerian convicted abroad would automatically be returned home. Any transfer would depend on the provisions of the applicable agreement, the eligibility of the prisoner and compliance with the legal requirements governing the transfer.

The initiative comes against the background of several high-profile cases involving Nigerians convicted by courts in foreign countries, including former public officials and political figures.

Among them is former Delta State Governor James Ibori, who was sentenced to 13 years’ imprisonment in the United Kingdom in 2012 after pleading guilty to money-laundering offences. He was released in 2016 after serving part of his sentence.

Another prominent case is that of former Deputy Senate President Ike Ekweremadu, who was sentenced to nine years and eight months’ imprisonment in the United Kingdom in 2023 over his involvement in an organ-trafficking conspiracy involving a young man.

Similarly, Abidemi Rufai, a former aide to Ogun State Governor Dapo Abiodun, was sentenced to five years’ imprisonment in the United States in 2022 for wire fraud and aggravated identity theft.

The cases have drawn attention to the legal and diplomatic issues surrounding Nigerians serving sentences outside the country and the circumstances under which convicted persons may be transferred to their home jurisdictions.

Nigeria already has a prisoner-transfer arrangement with the United Kingdom, under which eligible prisoners may apply to serve their sentences in their home country, subject to applicable legal requirements and the agreement of both governments.

The proposed amendment is expected to strengthen the domestic legal framework for implementing similar arrangements with other countries, particularly jurisdictions where existing legislation may not provide sufficient provisions for prisoner transfers.

Under such arrangements, the transfer of a convicted person would ordinarily require compliance with the conditions agreed upon by the countries involved. The process would not amount to an automatic cancellation of the conviction or sentence imposed by the foreign court.

Instead, the purpose would be to provide a legal mechanism through which an eligible prisoner could serve the applicable sentence in another country under agreed conditions.

The bill must undergo the Senate’s legislative process before any proposed changes can take effect. Its referral to the Senate Committee on Rules and Business marks the next step in the consideration of the President’s request.

If passed by the National Assembly and assented to by the President, the amendment would provide a stronger statutory basis for Nigeria to negotiate and implement prisoner-transfer arrangements with foreign governments.