As the judicial battle begins over the arrest and detention of Yoruba freedom fighter, Chief Sunday Adeyemo, popularly known as Sunday Igboho, in Benin Republic, leading rights lawyer, Mr Femi Falana has provided a legal compass on how to exit the diplomatic entanglement arising from the arrest.
In a lengthy Op-ed on Thursday, the senior advocate of Nigeria (SAN) wrote off the extradition request reportedly submitted by the Nigerian authorities for being at variance with extant deportation laws and treaties.
He said: “From the information at our disposal, the new Ambassador of Nigeria to Benin Republic, General Yusuf Buratai (retd) has hurriedly submitted an application for the deportation of Igboho to Nigeria.
“With respect, the request cannot be granted as it has to comply with Article 18 of the Extradition Convention. It is not sufficient to state that Igboho is wanted for terrorism and murder.
“The request must be supported by a statement of the offences for which extradition is requested, the time and place of their commission; their legal descriptions; and a reference to the relevant legal provision shall be set out as accurately as possible; and an authenticated copy of the relevant law indicating the sentence which may be or has been imposed for the offence.
“To that extent, the Republic of Benin has not received a proper request from the Federal Government for the extradition of Igboho.”
Falana also reminded the Beninese authorities of exemptions in the rule book that might prevent Igboho’s extradition to Nigeria, even if a due-process request was tabled by its Nigerian counterpart.
“Apart from providing for a speedy extradition procedure, the government of Benin Republic shall ensure that Igboho, whose extradition is requested, has the right to be heard by a judicial authority and to be assisted by the lawyer of his own choice.
“Nigeria is specifically requested by Article 4 of the ECOWAS Convention on Extradition to convince the Court in Cotonou that the offence in respect of which Igboho is wanted is not political or for the purpose of prosecuting him, on account of his ethnic group or political opinion. Various provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, to which Nigeria is also a party, apply as well.
As noted, if the person is lawfully within the territory of the rendering State, extradition requires due process.
“Furthermore, an extraordinary (extra-legal) rendition frustrates the requirements of the African Charter and the Covenant that anyone who is arrested or detained should have a right, to challenge the validity of his or her detention. The seizure and rendition of suspects may be characterized as a “forced disappearance” under international human rights law, by which an individual is abducted by persons acting on behalf of, or with the acquiescence of the State, followed by a denial (or obfuscation) of information or other forms of accountability by State authorities,” he explained.
Then, that condition could completely set him free and embarrass Nigeria. Speaking on the fate of Igboho in the hands of the Benin Republic authorities, Falana said, “According to media reports, Igboho and his wife are currently being detained by the police authorities as criminals in a police station in Cotonou. If they are indicted for breaching the criminal code of Benin Republic, they are liable to be arraigned before a criminal court in Cotonou.
“Contrary to speculations in the media, it is submitted that Igboho cannot be expelled from Benin and deported to Nigeria on the basis of his arrest by INTERPOL without due process as prescribed by Article 12(4) of the African Charter on Human and Peoples Rights which provides that “A non -national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.”
Comparing the cases of Igboho and Igbo segregationist, Nnamdi Kanu, in relation to bilateral agreements among countries, the senior lawyer noted, “On July 1, 2021, the residence of Chief Sunday Adeyemo (a.k.a Igboho) at Ibadan, Oyo State was raided by armed operatives of the State Security Service (SSS).
“Even though Igboho escaped arrest, two of his guards were killed, while 13 other people were forcefully arrested in the compound and taken to Abuja where they have since been held incommunicado. Thereafter, Igboho was declared wanted and put on International Criminal Police Organisation (INTERPOL) watch-list by the State Security Service (SSS). We have however confirmed that Igboho and his wife were arrested by INTERPOL in Cotonou, Benin Republic on Monday, July 19, on their way to Germany.
“A few weeks ago, the leader of the Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu was allegedly abducted in Nairobi, Kenya and forcefully brought to Nigeria by security forces. Even though Kanu was liable to be arrested and brought back to Nigeria to face trial having jumped bail, the refusal of the Federal Government to follow due process in the case has exposed Nigeria to international opprobrium.
“However, unlike Kenya, the Republic of Benin has rejected the demand to deport Chief Adeyemo (a.k.a. Sunday Igboho) outside the ambit of the law.”
Source: Nigerian Tribune
