Mutual Assistance in Criminal Matters in Nigeria and the Role of the Attorney General of the Federation

Abstract

Mutual assistance is a mechanism of cooperation in criminal matters whereby states cooperate with one another in order to obtain the evidence required for criminal investigations and prosecutions. It is a process by which states seek and provide assistance in gathering evidence for use in criminal cases. It is sometimes described as pursuing the evidence mechanism of cooperation in criminal matters. This paper examines the specific role of the Attorney General of the Federation as the statutory actor in the implementation of laws and policies in mutual assistance in criminal matter especially within the Economic Community of West African States (ECOWAS) sub-region. The paper finds specifically that non-domestication of the treaty on this subject matter; language barrier and some procedural matters hinder the effective realization of mutual assistance within the
ECOWAS sub-region. Consequently, the paper recommends the urgent need for the domestication of the ECOWAS Convention on Mutual Assistance in Criminal Matters. The paper adopted as methodology the doctrinal approach which entails the use of relevant literature including international instruments, reports and general comments/recommendations.