Why Igboho cannot be extradited to Nigeria without trial on Sunday – Falana

Human rights lawyer Femi Falana, SAN, the propagandist of the Yoruba nation, Bazar Igboho, also known as Bazar Adeyemo, said that the Republic of Benin could not be extradited to Nigeria without the necessary legal procedure.

In a statement, Falana claimed that Igboho could not be extradited to Nigeria without a trial in accordance with Article 12 (4) of the African Charter of Human and Public Rights. can be removed from there thanks. ”

The human rights lawyer added that the Nigerian government could not bring the Yoruba Nation mixer into the country without a request for extradition and trial in Nigeria under the provisions of the West African Economic Community A / P.1 Economic Union Convention. On Extradition in 8 ECOWAS Member States / 8/94.

“A few weeks ago, it was alleged that Mr. Nnamdi Kanu, the leader of the Biafra Indigenous Peoples (IPOB), was abducted in Nairobi, Kenya, and forcibly brought to Nigeria by security forces. Although Kanu was arrested and forced to return to Nigeria for trial, the Federal Government’s refusal to monitor the proceedings due to his hostage-taking put Nigeria under international pressure.

“However, unlike Kenya, the Republic of Benin has rejected the extradition request of General Adeyemon (aka Sunday Igboho). Thus, the Federal Government sent a request for the extradition of Igboho in accordance with the provisions of the ECOWAS Extradition Convention and the Extradition Law of the Republic of Benin.

“On July 1, 2021, the residence of Adeyemo (aka Iqboho), Chief Bazaar of Ibadan, Oyo State, was raided by armed operatives of the State Security Service (SSS). Although Igboho escaped arrest, two of his bodyguards were killed and 13 others were forcibly detained in the neighborhood and taken to Abuja, where they have been held incommunicado since today. Igboho was then wanted and placed on the International Criminal Police Organization’s (INTERPOL) checklist by the State Security Service (SSS).

“However, we have confirmed that Igboho and his wife were arrested by Interpol in Cotonou, Benin, on their way to Germany on Monday, 1921 2021. According to media reports, Igboho and his wife are currently being held by police at the criminal police station in Cotonou. If convicted of violating the criminal code of the Republic of Benin, they must be tried in a criminal court in Cotonou.

“Contrary to media speculation, Igboho cannot be expelled from Benin and deported to Nigeria due to his detention by Interpol in accordance with Article 12 (4) of the African Charter on the Rights of Man and of the People.” “A non-citizen legally admitted in the territory of a State Party to this Charter may be expelled only by a decision taken in accordance with the law.”

“Thus, the Federal Government cannot return Igboho without a request for his extradition and trial in Nigeria in accordance with Article A / P.1 / 8/94 of the ECOWAS Convention on Extradition. 15 member states of ECOWAS. It should be noted that the 1994 ECOWAS Convention replaced the 1984 Treaty between Nigeria, Togo, Benin and Ghana in accordance with Article 32 of the Ecuadorian Convention.

“Therefore, once a request for Igboho’s extradition is received, the Government of the Republic of Benin will have a legal obligation to initiate extradition proceedings in one of its domestic courts. It should be noted that according to Article 28, paragraph 2, of the ECOWAS Extradition Convention, the procedure for extradition and detention is governed only by the laws of the requested State, the Republic of Benin.

“In addition to providing a speedy extradition procedure, the Government of the Republic of Benin guarantees that Igboho, whose extradition is requested, will be heard by a court and assisted by a lawyer of his choice. Nigeria is specifically requested by Article 4 of the ECOWAS Extradition Convention to convince the Cotonou Court that Igboho’s wanted crime is not political or that he will be tried on the basis of ethnicity or political opinion. Various provisions of the African Treaty on Human Rights and the Civil and Political Rights of the People, to which Nigeria is a party, apply. As noted, extradition is required if the person is in the territory of a legally designated State.

“In addition, an unusual (illegal) sentence violates the requirements of the African Charter and the Covenant that anyone arrested or detained has the right to challenge the validity of their detention. The arrest and trial of suspects can be described as “forced disappearance” under international human rights law, in which a person is abducted, subsequently denied (or mixed up) by persons acting on behalf of the State or with consent. information or other forms of accountability by government agencies.

“According to our information, the new Nigerian ambassador to the Republic of Benin, General Yusuf Buratai (retd) hastily submitted an appeal for the deportation of Igboho to Nigeria. Due to respect, the investigation cannot be guaranteed because it is in accordance with Article 18 of the Extradition Convention. It is not enough to say that Iqboho is wanted for terror and murder.

“The crimes requiring extradition must be confirmed by the time and place of their commission; their legal descriptions; and the reference to the relevant legal provision should be as clear as possible; and a certified copy of the relevant law indicating the penalty that may or may not be imposed for the crime. To this extent, the Republic of Benin has not received a request from the Federal Government for the extradition of Igboho.

“Meanwhile, the government of the Republic of Benin is holding Igboho temporarily to wait for the Federal Government’s request for extradition. It should be noted that within twenty (20) days of arrest, a temporary detention may be revoked if the requested State has not received an extradition request from the requesting State in accordance with Article 15 of the ECOWAS Extradition Convention. . Unless there is strong evidence that Igboho has committed a crime, the Federal Government should not embarrass the country by demanding his extradition. ”

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