Sunday Igboho Cannot Be Extradited to Nigeria Without Due Process — Falana SAN

A human rights lawyer and Senior Advocate of Nigeria, Femi
Falana, has explained that Sunday Igboho Cannot be extradited to
Nigeria without due process of law

Falana, in a statement made available to Nairalaw titled
‘WHY SUNDAY ADEYEMO CANNOT BE EXTRADITED TO NIGERIA WITHOUT DUE
PROCESS’, said one Tidjani was forcefully arrested in Benin and
brought to Nigeria but ended up dying in detention before the
conclusion of his trial. That the situation attracted condemnation
from the human rights community

Again, that 53 refugees from Cameroon were arrested by the
Nigerian government and detained at the request of the government
of Cameroon. That despite intervention by the United Nations, FG
handed them over to the government of Cameron.

He also cited the arrest of the leader of the Indigenous People
of Biafra, Nnamdi Kanu as another example of failure of FG to
follow due process

He said, “Sometime in 2003, a detachment of the Nigeria Police
Force invaded Benin Republic and forcefully arrested Hammoni
Tidjani, who was alleged to be behind the several cases of trans
border crimes including armed robbery, car snatching and money
laundering. He was brought to Nigeria and chargedbefore the Ogun
and Lagos States High Court. He was standing trial in the Lagos
High Court when he was reported to have died of stroke in a crowded
cell at the Kirikiri Maximum Correctional Centre. The brutal
treatment meted out to him and the breach of the sovereignty of
Benin Republic attracted the condemnation of the human rights
community.

“In January 2019, 53 refugees and asylum seekers from Cameroon
were arrested and detained at the request of President Paul Biya.
In spite of the intervention of the United Nations Office of
Refugees the Federal Government deported them to Cameroon in utter
breach of the law. On the instructions of the refugees and asylum
seekers we approached the federal high court for legal redress. As
the Federal Government could not justify the brazen violations of
the fundamental rights of the plaintiffs the court declared their
deportation illegal and ordered the Federal Government to bring
them back to Nigeria. Dissatisfied with the decision the Federal
Government has rushed to the Court of Appeal.

“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. Hence, the Federal Government has
submitted a request for the extradition of Igboho in accordance
with the provisions of the Ecowas Convention on Extradition and the
Extradition Law of Benin Republic”

Falana narrated how Igboho was arrested and made reference to
the media reports that Igboho is currently under detention in
Benin.

Falana argued that Igboho cannot be extradited to Nigeria
without due process by reason only that he was arrested by
interpol. According to him, even the African Charter on Human and
Peoples Rights enjoins that expulsion from a country has to be done
in accordance with the law.

He emphasized that the request submitted by Buratai for the
extradition of Igboho was done in haste and therefore not a proper
request. He added that the detention of Igboho is provisional and
will terminated after 20 days.

“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 Organization (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, 2021 on their way to
Germany.

“According to media reports, Igboho and his wife are currently
being detained by the police authorities in a criminal 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.”

“Thus, the Federal Government cannot bring back Igboho to the
country without first making a request for his extradition and
prosecution in Nigeria pursuant to the provisions of the ECOWAS
Convention A/P.1/8/94 on Extradition, which is applicable in the 15
member states of the ECOWAS. It is pertinent to note that the 1994
ECOWAS Convention has superseded the 1984 Extradition Treaty
between Nigeria, Togo, Benin and Ghana pursuant to Article 32 of
the ECOWAS Convention on Extradition.

Accordingly, upon the receipt of a request for the extradition
of Igboho, the Government of Benin Republic will be under a legal
obligation to commence extradition proceedings in one of its
domestic courts. It is pertinent to point out that by virtue of
Article 28 (2) of the ECOWAS Convention on Extradition, the
procedure with regard to extradition and provisional arrest are
governed solely by the law of the requested State, i.e. Benin
Republic.

“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.

“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.

“Meanwhile, the Government of Benin Republic is detaining Igboho
provisionally to await the request of the Federal Government for
his extradition. It should be noted that the provisional arrest may
be terminated if, within a period of twenty (20) days after the
arrest, the requested State has not received a request for
extradition from the requesting State in accordance with Article 15
of the ECOWAS Extradition Convention. If there is no strong
evidence that Igboho has committed criminal offences the Federal
Government should not embarrass the country by requesting for his
extradition.”

A human rights lawyer and Senior Advocate of Nigeria, Femi
Falana, has explained that Sunday Igboho Cannot be extradited to
Nigeria without due process of law

Falana, in a statement made available to Nairalaw titled
‘WHY SUNDAY ADEYEMO CANNOT BE EXTRADITED TO NIGERIA WITHOUT DUE
PROCESS’, said one Tidjani was forcefully arrested in Benin and
brought to Nigeria but ended up dying in detention before the
conclusion of his trial. That the situation attracted condemnation
from the human rights community

Again, that 53 refugees from Cameroon were arrested by the
Nigerian government and detained at the request of the government
of Cameroon. That despite intervention by the United Nations, FG
handed them over to the government of Cameron.

He also cited the arrest of the leader of the Indigenous People
of Biafra, Nnamdi Kanu as another example of failure of FG to
follow due process

He said, “Sometime in 2003, a detachment of the Nigeria Police
Force invaded Benin Republic and forcefully arrested Hammoni
Tidjani, who was alleged to be behind the several cases of trans
border crimes including armed robbery, car snatching and money
laundering. He was brought to Nigeria and chargedbefore the Ogun
and Lagos States High Court. He was standing trial in the Lagos
High Court when he was reported to have died of stroke in a crowded
cell at the Kirikiri Maximum Correctional Centre. The brutal
treatment meted out to him and the breach of the sovereignty of
Benin Republic attracted the condemnation of the human rights
community.

“In January 2019, 53 refugees and asylum seekers from Cameroon
were arrested and detained at the request of President Paul Biya.
In spite of the intervention of the United Nations Office of
Refugees the Federal Government deported them to Cameroon in utter
breach of the law. On the instructions of the refugees and asylum
seekers we approached the federal high court for legal redress. As
the Federal Government could not justify the brazen violations of
the fundamental rights of the plaintiffs the court declared their
deportation illegal and ordered the Federal Government to bring
them back to Nigeria. Dissatisfied with the decision the Federal
Government has rushed to the Court of Appeal.

“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. Hence, the Federal Government has
submitted a request for the extradition of Igboho in accordance
with the provisions of the Ecowas Convention on Extradition and the
Extradition Law of Benin Republic”

Falana narrated how Igboho was arrested and made reference to
the media reports that Igboho is currently under detention in
Benin.

Falana argued that Igboho cannot be extradited to Nigeria
without due process by reason only that he was arrested by
interpol. According to him, even the African Charter on Human and
Peoples Rights enjoins that expulsion from a country has to be done
in accordance with the law.

He emphasized that the request submitted by Buratai for the
extradition of Igboho was done in haste and therefore not a proper
request. He added that the detention of Igboho is provisional and
will terminated after 20 days.

“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 Organization (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, 2021 on their way to
Germany.

“According to media reports, Igboho and his wife are currently
being detained by the police authorities in a criminal 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.”

“Thus, the Federal Government cannot bring back Igboho to the
country without first making a request for his extradition and
prosecution in Nigeria pursuant to the provisions of the ECOWAS
Convention A/P.1/8/94 on Extradition, which is applicable in the 15
member states of the ECOWAS. It is pertinent to note that the 1994
ECOWAS Convention has superseded the 1984 Extradition Treaty
between Nigeria, Togo, Benin and Ghana pursuant to Article 32 of
the ECOWAS Convention on Extradition.

Accordingly, upon the receipt of a request for the extradition
of Igboho, the Government of Benin Republic will be under a legal
obligation to commence extradition proceedings in one of its
domestic courts. It is pertinent to point out that by virtue of
Article 28 (2) of the ECOWAS Convention on Extradition, the
procedure with regard to extradition and provisional arrest are
governed solely by the law of the requested State, i.e. Benin
Republic.

“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.

“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.

“Meanwhile, the Government of Benin Republic is detaining Igboho
provisionally to await the request of the Federal Government for
his extradition. It should be noted that the provisional arrest may
be terminated if, within a period of twenty (20) days after the
arrest, the requested State has not received a request for
extradition from the requesting State in accordance with Article 15
of the ECOWAS Extradition Convention. If there is no strong
evidence that Igboho has committed criminal offences the Federal
Government should not embarrass the country by requesting for his
extradition.”