Request for cooperation

Federal Republic of Nigeria

Nigeria - Mutual Assistance in Criminal Matters within the Commonwealth Act (1998) EN

2. Objects of the Act
(2) This Act makes provision for the giving of assistance by the competent authorities of one country (in this Act referred to as "the requested country") in respect of criminal matters arising in another country (in this Act referred to as "the requesting country").

12. Contents of request for assistance

(1) A request for assistance under this Act shall contain all appropriate

information as specified in this section, that is to say- (a) specify the nature of the assistance requested;

(b) indicate any limit within which compliance with the request is desired, stating the reasons therefore;

(c) specify the identity of the agency or authority initiating the request;

(d) specify the nature of the criminal matter concerned;

(e) specify whether or not criminal proceedings have been instituted; and

(j) where criminal proceedings have been instituted, disclose the following information, that is to say-

(i) the court exercising jurisdiction in the matter;
(ii) the identity of the accused person;
(iii) the offences of which he stands accused and a summary of the facts;
(iv) the stage reached in the proceedings; and
(v) any date fixed for further stages in the proceedings;

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.

3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.

4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

5.

(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.

(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.

6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.

7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.