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BOE-A-2026-10741 ·19 May 2026 ·otro Low impact
Tax

Spain and Nigeria: mutual extradition obligation established for criminal offences

The extradition treaty between Spain and Nigeria establishes a commitment between both Parties to grant mutual extradition for the purpose of initiating criminal proceedings or enforcing custodial sentences (Art. 1). Extradition shall be granted if the offence is punishable under the laws of both States with a penalty of at least one year's imprisonment (Art. 2.1.a). The agreement includes provisions regarding tax, customs, and foreign exchange offences, preventing refusal based on differences in the classification of such duties (Art. 2.3).

In 3 key points

  1. Extradition is applicable if the offence carries a penalty of at least one year's imprisonment in both States, Art. 2.1.a (art. 2.1.a)
  2. Extradition shall not be refused for tax or customs offences based solely on legislative differences, Art. 2.3 (art. 2.3)
  3. Possibility of requesting urgent provisional detention prior to the formal request, Art. 12.1 (art. 12.1)

How it affects those involved

For individuals located in either State who are subject to judicial requests, there is an increased risk of being surrendered to face criminal proceedings or serve sentences (Art. 1). In the context of economic crimes, the rule prevents claiming a lack of tax equivalence to avoid extradition for tax, duty, or customs offences (Art. 2.3). Authorities may request urgent provisional detention through INTERPOL or agreed channels prior to the formal request (Art. 12.1).

Lifecycle

2026-05-19PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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