SC Upholds Cancellation of Bail to Nigerian National, Calls for Policy to Stop Foreign Nationals Escaping Trial

The Court, however, left it to the Central Government to frame a suitable policy or take further steps to ensure that foreign nationals facing criminal proceedings in India do not flee justice after committing offences.

The Bench of Justice Dipankar Datta and Justice AG Masih the Supreme Court recalled that on December 4, 2024, it had set aside a Jharkhand High Court order dated May 13, 2022, which had granted bail to the accused.

The Court had then directed the Union Government to pursue extradition measures while also observing the need for comprehensive guidelines to prevent recurrence of such situations.

When the matter was taken up again, Additional Solicitor General (ASG) Raj Kumar Bhaskar Thakre produced a communication from the Ministry of External Affairs (MEA). The note revealed that the extradition request prepared by Jharkhand Police had been sent to the High Commission of India in Abuja, Nigeria, for onward transmission to Nigerian authorities on the basis of “assurance of reciprocity.”

However, the MEA cautioned that, in the absence of a bilateral extradition treaty, Nigerian authorities were unlikely to surrender their own national for trial in India.

The Court noted this limitation and held that keeping the petition pending would serve “no useful purpose.”

Accordingly, it disposed of the plea, confirming the cancellation of bail but expressly leaving it open to the Central Government to design a broader policy or initiate other measures to prevent foreign nationals accused of crimes from evading prosecution.

Why Nigeria won't extradite without a treaty ?

India and Nigeria do not have a bilateral extradition treaty. Without such a formal arrangement, extradition of nationals can only happen on the basis of diplomatic assurances or reciprocity. Nigerian law generally prohibits the extradition of its citizens in the absence of a treaty.

In this case, while the Indian government sent an extradition request through its High Commission in Abuja, the Ministry of External Affairs itself acknowledged that Nigerian authorities are unlikely to hand over their own national.

This legal gap highlights the Supreme Court’s concern and its call for a clear policy to prevent foreign nationals accused of crimes in India from evading trial.