THE LAW ON BRINGING SOMEONE BACK HOME TO ANSWER CRIMINAL CHARGES
By Kenneth Ng’ona
Extradition is the formal legal process where one country or state surrenders an accused or convicted person to another jurisdiction to face criminal prosecution or punishment.
Core Principles of Extradition
Treaty-Based:
International extradition requires a formal bilateral or multilateral treaty between the sovereign nations involved.
Dual Criminality:
The alleged act must be a recognized crime in both the requesting country and the country holding the fugitive.
Political Offense Exception:
Most laws and treaties exclude political crimes, meaning individuals are not surrendered for political or non-violent ideological actions.
Documentation and Warrants:
The requesting authority must provide official court documents, a legal description of the offense, a copy of the relevant laws, and proof of the suspect’s identity.
Zambia Extradition Act 47 of 1968
An Act to amend and consolidate the law relating to extradition to and from foreign and Commonwealth countries; to provide for the reciprocal backing of warrants; to repeal the Extradition and Fugitive Offenders Act and the Fugitive Offenders (Interim Provision) Act; and also to repeal the Fugitive Offenders Act, 1881, and the Extradition Acts, 1870 to 1906, of the United Kingdom, in their application to the Republic; and to provide for matters connected with and related to the foregoing.
How to quickly extradite a Zambian hiding in the USA/UK
To accelerate the extradition of Zambian fugitives from the US or UK, the Zambian government must minimize bureaucratic delays and aggressively neutralize defense strategies.
Because extradition cannot bypass the sovereign courts of the US or UK, “speed” is achieved by maximizing early cooperation and deploying parallel legal pressures.
The targeted legal strategies to fast-track the process involve specific steps:
- Secure an Immediate Provisional Arrest (Skip the Line)
The biggest delay in extradition is the months spent drafting, translating, and diplomatically routing full case files while the suspect remains free or flees further.
Provisional Arrest Request:
Under both the US-UK 1931 Treaty (applicable to the US) and the UK Extradition Act 2003, Zambia can request an urgent “Provisional Arrest”.
The Benefit:
If Zambia shows an emergency or imminent flight risk, US/UK judges will issue a warrant immediately. The fugitive is arrested and jailed before the bulky, final extradition documents are formally transmitted.
- Pre-Emptively Provide Sovereign Human Rights Assurances
Fugitives frequently block or delay extradition by arguing in UK/US courts that they will face the death penalty, political persecution, or substandard prison conditions in Zambia.
Provide Written Guarantees Immediately:
The National Prosecution Authority (NPA) and Ministry of Justice should submit clear, legally binding sovereign assurances alongside the very first request.
The Assurances Needed:
Formally guarantee that the death penalty will not be sought, that the individual will have access to medical care, and that international observers may monitor their detention. This strips the defense team of their primary stalling arguments in UK/US courts.
- Establish a Prima Facie Case (Over-Prepare Evidence)
UK courts (under Category 2 rules) and US federal courts (under “probable cause” rules) require Zambia to demonstrate a robust evidentiary case before they will force someone onto a plane.
Avoid Deficient Paperwork:
If the case file lacks clear, untainted evidence, US/UK judges will grant adjournments, dragging the case out for years.
The Fix:
Ensure the Director of Public Prosecutions (DPP) builds air-tight files containing certified bank records, eyewitness affidavits, and digital footprints that explicitly satisfy Dual Criminality (the act must be a severe crime in both nations).
- Leverage Mutual Legal Assistance (MLA) to Freeze Assets
Fugitives use their wealth to hire elite cross-border defense lawyers who specialize in extending extradition timelines.
Financial Asphyxiation:
Zambia can utilize Mutual Legal Assistance treaties with the US and UK to instantly freeze the fugitive’s foreign bank accounts, real estate, and assets under suspicion of being proceeds of crime.
The Benefit:
Cutting off their access to illicit funds severely restricts their capacity to fund prolonged legal battles abroad.
- Deploy Non-Extradition Deportation
MeasuresSometimes, the fastest way to get a fugitive back is to persuade the host country to expel them through immigration enforcement rather than judicial extradition.
Visa Revocation:
If a Zambian citizen lied on their visa application or is violating immigration laws, Zambia can work with the US Department of Homeland Security or UK Visas and Immigration to get their legal status revoked.
The Result:
The US or UK may simply choose to deport them for immigration violations, bypassing the formal court-heavy extradition process altogether.
Those running away can run but will not hide forever! They will be brought back home to face the Law.