In an articulation, Falana said: “At some point in 2003, a unit of the Nigeria Police Force attacked Benin Republic and powerfully captured Hammoni Tidjani, who was claimed to be behind the few instances of trans boundary wrongdoings including furnished burglary, vehicle grabbing and tax evasion. He was brought to Nigeria and charged before the Ogun and Lagos States High Court. He was being investigated in the Lagos High Court when he was accounted for to have kicked the bucket of stroke in a jam-packed cell at the Kirikiri Maximum Correctional Center. The fierce treatment dispensed to him and the break of the power of Benin Republic pulled in the judgment of the basic liberties local area.
“In January 2019, 53 outcasts and haven searchers from Cameroon were captured and confined in line with President Paul Biya. disregarding the intercession of the United Nations Office of Refugees the Federal Government expelled them to Cameroon in absolute break of the law. On the guidelines of the displaced people and haven searchers we moved toward the government high court for legitimate change. As the Federal Government couldn’t legitimize the baldfaced infringement of the basic privileges of the offended parties the court pronounced their removal illicit and requested the Federal Government to take them back to Nigeria.
Despite the fact that Kanu was responsible to be captured and taken back to Nigeria to confront preliminary having bounced bail the refusal of the Federal Government to follow fair treatment for the situation has presented Nigeria to global slander.
Be that as it may, not at all like Kenya, the Republic of Benin has dismissed the interest to extradite Chief Adeyemo (a.k.a. Sunday Igboho) outside the ambit of the law. Thus, the Federal Government has presented a solicitation for the removal of Igboho as per the arrangements of the Ecowas Convention on Extradition and the Extradition Law of Benin Republic.
“Despite the fact that Igboho got away from capture two of his watchmen were killed while 13 others were powerfully captured in the compound and taken to Abuja where they have since been held incommunicado.
From that point, Igboho was proclaimed needed and put on International Criminal Police Organization (INTERPOL) watch-list by the State Security Service (SSS). We have anyway affirmed that Igboho and his better half were captured by Interpol in Cotonou, Benin Republic on Monday, July 19, 2021 en route to Germany.
“As indicated by media reports, Igboho and his better half are right now being confined by the police experts in a criminal police headquarters in Cotonou. In case they are prosecuted for breaking the criminal code of Benin Republic, they are obligated to be charged under the watchful eye of a criminal court in Cotonou. In opposition to theories in the media, it is presented that Igboho can’t be ousted from Benin and extradited to Nigeria based on his capture by Interpol without fair treatment as recommended by Article 12(4) of the African Charter on Human and Peoples Rights which gives that “A non-public legitimately conceded in a domain of a State Party to the current Charter, may just be removed from it by temperance of a choice taken as per the law.”
“Consequently, the Federal Government can’t bring back Igboho to the country without first asking for his removal and indictment in Nigeria according to the arrangements of the ECOWAS Convention A/P.1/8/94 on Extradition, which is appropriate in the 15 part conditions of the ECOWAS. It is appropriate to take note of that the 1994 ECOWAS Convention has supplanted the 1984 Extradition Treaty between Nigeria, Togo, Benin and Ghana compliant with Article 32 of the ECOWAS Convention on Extradition.
“Appropriately, upon the receipt of a solicitation for the removal of Igboho, the Government of Benin Republic will be under a legitimate commitment to begin removal procedures in one of its homegrown courts. It is relevant to call attention to that by goodness of Article 28 (2) of the ECOWAS Convention on Extradition, the method with respect to removal and temporary capture are represented exclusively by the law of the mentioned State, for example Benin Republic.
“Aside from accommodating a quick removal methodology, the public authority of Benin Republic will guarantee that Igboho, whose removal is mentioned, has the privilege to be heard by a legal position and to be helped willingly. Nigeria is explicitly mentioned by Article 4 of the ECOWAS Convention on Extradition to persuade the Court in Cotonou that the offense in regard of which Igboho is needed isn’t political or to indict him because of his ethnic gathering or political assessment.
Different arrangements of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, to which Nigeria is additionally a gathering, apply too. As noted, if the individual is a legitimately inside the area of the delivering State, removal needs fair treatment.”