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.

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 toextradition 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)nrendition 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.

Femi Falana, a Senior Advocate of Nigeria (SAN), writes from Lagos.


https://www.premiumtimesng.com/opinion/475117-why-sunday-igboho-cannot-be-extradited-without-due-process-by-femi-falana.html

Noise and ingredients.


Failed country.

Only God can deliver us from Buhari’s Junta regime! Abacha is a learner where this Brain dead 90 yrs old lawless man is!

Forget due process. They will extradite him if they want. Was Nnamdi Kanu brought back to Nigeria with due process

nairavsdollars:
Forget due process. They will extradite him if they want. Was Nnamdi Kanu brought back to Nigeria with due process

Read...... and understand, he's a trained lawyer, unlike you.
He said Nigeria cannot extradite Igboho without making a request.
Same thing Benin republic court talk, nah why they give Nigeria till Monday and the Judgment was postponed to Monday.

And you're saying They will extradite him if they want, upon who u be

BTW, Kanu and Igboho case is quite different.
Igboho committed a crime in Benin, while Kanu committed no crime in Kenya.

Igboho will firstly be judge in local court.

This is a country where DSS laid siege on the National Assembly and raided judges and justices home in the deep of the night, kidnapping them with no recourse to common sense or decency.

I’m sure Mr Falana SAN know these things.

Bandits are up north releasing people as ‘gifts’ like a state releasing their budget but igboho is the top priority of ‘he who must not be blamed’ this country has gone to the rooster.

The same people tasked with upholding law now break it at will. Security agents are showing their might against individuals demanding for better but the main entities disrupting, killing and maiming people either for ransom or for conquest are left to roam free. I’m not in support of Igboho though. I’m just stating the obvious. To this government, It seems showing might against individuals is better than tackling the level of insecurity in the country

Yoruba noise ... trained lawyer or not...

He’s just making normal Yoruba noise...is he educating the federal government..

Government already knows the legal procedure even before masking moves and they will surely bring back the lout.. just like Kanu..

It’s a matter of time .. and 1millions Yoruba SAN .. not even OduduwA.. Will stop Buhari... and his Apc government

Let Benin make the useful attempt to free Sunday IGBOHO.. and watch Nigeria teach them in a way they won’t forget.

Yoruba can make all noise on media.. Sunday was lucky he disappeared.. they would have butchered him like his ADC ...and nothing for happen
.... as nothing happened when the Yoruba adc was butchered

Falana rant.

AFter all Yoruba told us how Nigeria is a sovereign nation.. during the Kanu rendition..even in the face of British moves ..
same Yoruba are everywhere making noise and abusing same Buhari they praised and celebrated on kidnapping Kanu

Na this IGBOHO case and 2023.. go position Yoruba to where they were before Buhari

Noise makers.

All the crimes against the sovereignty of Nigeria as listed by the DSS are mere ostensible reasons. The true reason why Igboho is wanted dead or alive is because he challenged the fulanis who are on a mission of southern conquests. Igboho erred by agitating for Yoruba nation which is the excuse they needed all along to bring the federal might against him.

Asgard73:
Yoruba noise ... trained lawyer or not...

He’s just making normal Yoruba noise...is he educating the federal government..

Government already knows the legal procedure even before masking moves and they will surely bring back the lout.. just like Kanu..

It’s a matter of time .. and 1millions Yoruba SAN .. not even OduduwA.. Will stop Buhari... and his Apc government

Let Benin make the useful attempt to free Sunday IGBOHO.. and watch Nigeria teach them in a way they won’t forget.

Yoruba can make all noise on media.. Sunday was lucky he disappeared.. they would have butchered him like his ADC ...and nothing for happen
.... as nothing happened when the Yoruba adc was butchered

Falana rant.

AFter all Yoruba told us how Nigeria is a sovereign nation.. during the Kanu rendition..even in the face of British moves ..
same Yoruba are everywhere making noise and abusing same Buhari they praised and celebrated on kidnapping Kanu

Na this IGBOHO case and 2023.. go position Yoruba to where they were before Buhari

Noise makers.

Which yoruba were praising and celebrating Kanu's unlawful rendition. May be you mean fulanis for it is them we saw celebrating. Stop your divide and rule politics

Injera:

Which yoruba were praising and celebrating Kanu's unlawful rendition. May be you mean fulanis for it is them we saw celebrating. Stop your divide and rule politics

Yoruba man...

Una wan use igboman sense ... wetin join Yoruba and Igbo together?
Una wan make power come south... yet Na Yoruba Presidency be the ulterior motive ..
Same Yoruba betray a southern president .. same Yoruba Dey shout south south don forget .. say Na igbos e pain.. same Yoruba...
Same Yoruba Dey shout igbo no fit be President... same Yoruba Dey shout southern unity.. same Yoruba Dey market Tinubu and osibanjo..

Yoruba no reach..

Yoruba sef.. dem wan learn from north as dem dey use middle belt play politics

Yoruba sef

This asgard 73 just spoil the thread with ignorable jargons. See as e type full everywhere yuck!!! Gutter behavior!

nairavsdollars:
Forget due process. They will extradite him if they want. Was Nnamdi Kanu brought back to Nigeria with due process

BENIN REPUBLIC is not a lawlessness and banana republic like Nigeria and Kenya.

othermen:
This is a country where DSS laid siege on the National Assembly and raided judges and justices home in the deep of the night, kidnapping them with no recourse to common sense or decency.

I’m sure Mr Falana SAN know these things.

the difference between Nigeria and BENIN REPUBLIC is that BENIN REPUBLIC is practicing democracy but Nigeria is practicing dictatorship.