The focus of the Nigerian government and Nigerians will be on the Benin Republic this week as the courts in that country decide the fate of Yoruba nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho, writes Akani Alaka.
Except for occasional flares over allegations of smuggling, the relationship between Nigeria and its French-speaking tiny neighbour, the Republic of Benin could be described as cordial. However, the otherwise cordial relationship will come under considerable strain in the coming days as the Nigerian Government battles to retrieve agitator for the Yoruba nation, Sunday Adeyemo, popularly known as Sunday Igboho from the clutches of the French country.
Igboho who was declared wanted after a raid by the Department of State Services on his Ibadan Oyo State home on July 1 was arrested last Monday evening alongside his wife, Ropo at Cotonou Airport. The secret police had during that raid arrested at least 12 associates of the agitator while two others were killed. While DSS operatives were unable to capture Igboho during the raid, they later declared him wanted for allegedly stockpiling arms.
The Nigerian government later issued an international warrant for his arrest over charges of murder and terrorism arising from Igboho’s battle against criminal herdsmen in the Ibarapa area of Oyo State and agitations for the creation of a Yoruba nation out of Nigeria.
Igboho and his wife were on the way to Germany when they were intercepted by security operatives at Cotonou, a city famous among Nigerians for the purchase of goods to be smuggled to the country. Lawyer to Igboho, Yomi Alliyu (SAN), confirmed to journalists last Tuesday that his client was arrested along with his wife in the Benin Republic by the International Criminal Police Organisation, Interpol. There were reports that Nigeria’s former Chief of Army Staff, Tukur Burutai who is now the country’s ambassador to the Benin Republic was instrumental in the arrest of the Yoruba agitator.
‘No Comment’
But the Nigerian government has not officially spoken on the arrest of the agitator as at the time of writing this story last week.
However, sources indicate that the Minister of Justice and Attorney General of the Federation is monitoring the ongoing court process against Igboho in Cotonou. Dr Umar Gwandu, an aide of the minister told a national newspaper last Friday that his boss has information on the ongoing case.
Yet, the belief is that the Nigerian government is keen to have Igboho back in Nigeria for prosecution on the charges levelled against him.
Earlier reports had indicated that the activist would be repatriated to Nigeria the second or third day after his arrest and indeed, some supporters of the government had celebrated the arrest.
Charges Against Igboho
But it was gathered that the Nigerian government has not filed charges on which it wanted Igboho to be extradited to Nigeria as at the time of writing this story last week.
The FGN also refused to file an extradition charge against him. They are begging the Benin Republic to keep him pending the time they will file charges against him. Which serious country will accept that”? Alliyu queried in a chat with journalists after the Yoruba activist was arraigned in court last Thursday.
There was also confusion on the charges against Igboho. Reports had indicated that he was arraigned for having forged a passport of the Republic of Benin with which he wanted to travel to Germany. The allegation attracts over 20 years in jail and a top Yoruba traditional ruler in the French country had said there was no way the agitator could avoid going to jail if the allegation is true as he warned that the Republic of Benin is strict in the enforcement of its laws.
But BCC quoted his Benin Republic-based lawyer, Ibrahim David Salami as denying the claim. Rather, Salami said his client was arrested with a German and Nigerian passport.
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The case against the activist lasted over six hours at the Court d’Appel in Cotonou last Thursday. At the end of the hearing, the Yoruba’s agitator’s wife who is a German citizen was allowed to go because no wrongdoing can be attributed to her.
The case was adjourned to this Monday to enable the prosecutors to determine if the international arrest warrant issued against Igboho by the Nigerian government can be enough basis to hand him over to the government of his country.
A favourable verdict on the warrant will lead to the extradition of Igboho to Nigeria. However, if the court says the warrant is defective in one way or the other, the case will be referred to the prosecutor for further action.
The Battle Ahead
Yoruba groups in Nigeria and Benin Republic had since the arrest of Igboho asked the French country not to accede to the request of the Nigerian government to surrender the activist.
The argument is that the activist who became popular after he moved against Fulani herdsmen attacking farmers in the Ibarapa area of Oyo State is not a criminal and should not be treated as one.
They also argued that there is nothing wrong with Igboho’s leadership of agitations for the creation of Yoruba Nation out of Nigeria.
Renowned Historian and Leader of the Umbrella Body of Yoruba Self-Determination Groups, Emeritus Professor Banji Akintoye, last Tuesday, confirmed that he, alongside other Yoruba patriots, are currently working to prevent the extradition of Igboho to Nigeria using the legal angle. “Fortunately, Benin Republic is reliably a land of law where the authorities responsibly obey the law. We have secured the services of a leading and highly respected lawyer whom we can confidently rely on….” Akintoye said in a statement by his Communications Manager, Mr. Maxwell Adeleye.
He also called on all Yoruba people within and beyond the shores of Nigeria to rise to the defence of Igboho and to ensure that their ancestral land is not defeated by ‘invaders.’
There are also arguments on the legal basis for which the Nigerian government is seeking the extradition of Igboho to Nigeria. Some lawyers in Nigeria said the Benin Republic will have to consider the position of her law and the position of international law before deciding whether to accede to the request of Nigeria or not.
Speaking in the same vein, Alliyu in a statement last Thursday called on the government of Germany and the Benin Republic to prevent the extradition of Igboho to Nigeria: “I call upon you to rise and curb the impunity of the Nigerian Government by refusing any application for extradition of our client who already has an application before the International Criminal Court duly acknowledged.”
Human rights lawyer, Femi Falana (SAN) warned last week that the battle could turn to embarrassment for the Federal Government if not well-handled.
According to the senior lawyer, the request for Igboho’s deportation to Nigeria has not conformed 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,” he said.
According to him, the government of Benin Republic are provisionally detaining Igboho after which he would be released “if the requested State has not received a request for extradition from the requesting State under Article 15 of the ECOWAS Extradition Convention.”
What is not in doubt was that a big battle for the release of the activist is ahead. All eyes will certainly be on the Republic of Benin from Nigeria and other parts of the world in the days ahead.
