立法数据库

69.

(1) A foreign State may make a request to the Minister for assistance in the investigation and prosecution of offences under this Act.

(2) A copy of such request shall be furnished to the Agency.

(3) Where a foreign State makes a request for assistance in the investigation or prosecution of an offence relating to trafficking in persons, the Minister may after due consideration –
(a) execute the request; or
(b) inform the requesting State of any reason for-
(i) not executing the request; or
(ii) delaying the execution of the request.

(4) Where the Minister decides to execute a request for assistance under subsection (1) of this section, and directs the Agency to so act, the Agency may apply for -
(a) an Order for the Agency to -
(i) enter and search specified premises or conveyance;
(ii) search any specified person; or
(iii) remove any relevant document or material;
(b) a seizure order;
(c) a property tracing order;
(d) an interception of communication order; or
(e) an order for freezing or forfeiture of property or funds in such manner as may be
prescribed by the Court or Judge in Chambers.

(5) The Court or Judge in Chambers, in making an Order under subsection (4) of this section, may impose such conditions as to payment of debts, sale, compensation of victims, transfer or disposal of any property as the Court deems fit.

(6) Where a prima facie case is established on the basis of the request from a foreign State, the Minister shall file a request for an order of forfeiture of all funds or properties used, being used or intended to be used for the commission of an offence under this Act and the Court shall grant or reject the application for an order of forfeiture after hearing from all parties, including a bona fide third party.

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74. The Agency may with the approval of the Minister, on a request made by the appropriate authority of a Foreign State, disclose to that authority, any information in its possession or any other government department, relating to any of the following –
(a) the actions or movements of human trafficking organised criminal groups or
persons suspected of involvement in the preparation or the commission of human
trafficking acts;
(b) the use of forged or falsified travel papers by persons suspected of involvement in
the preparation or the commission of human trafficking acts;
(c) the use of communication technologies by human trafficking organised criminal
groups.

(2) Where the Agency considers that there are no means or conditions under which the
information, documents or evidence requested could be provided, disclosed or given without prejudice to the national security of Nigeria, the Agency may refuse the request for the production of such document or the disclosure of such evidence or refuse the authorization of the production of such document or the disclosure of such information and shall notify the requesting Authority of the reasons for doing so, unless the specification of those reasons would in itself be, in the opinion of the Agency, prejudicial to the national security of Nigeria.