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Igboho files $1m suit against Benin Republic for unlawful detention, violation of rights

Igboho files $1m suit against Benin Republic for unlawful detention, violation of rights

15 February, 2022

Yoruba Nation activist, Sunday Adeyemo, alias Sunday Igboho has filed a $1,000,000 (N570 million) suit as general damages against the Republic of Benin, before the Community Court of Justice, the Economic Community of West African States (ECOWAS) in Abuja.

Igboho, through his lawyer, Tosin Ojaomo, also asked for a declaration of the court that Benin Republic’s actions regarding his unlawful, arbitrary arrest and detention, violate his freedom of movement, his right to an unbiased trial within a reasonable time, and his right to dignity as a person.

The activist has been in detention in Benin Republic since he was arrested at an airport in Cotonou by the country’s security forces while he was trying to flee to Germany in July 2020.

He fled Nigeria for Benin Republic after the Nigerian government declared him wanted.

A Beninese court blocked the extradition of Igboho to Nigeria while ruling that the activist be remanded in prison pending further hearing.

Ojaomo in the application dated February 10, 2022, sought an order for the immediate and unconditional release of Igboho along with his Nigerian passport pending litigation and determination on damages, Vanguard reports.

According to him, the application is brought pursuant to Article 3(4) of the 2005 Supplementary Protocol A/SP.1/01/05, by which “the court has jurisdiction to determine the case of violation of human rights that occur in any member state.

He added that “Article 11(1) of the 1991 Community Court of Justice Protocol (A/P.I/7/91) by which cases may be brought before the Court by an application addressed to the Court Registry. The Revised Treaty of Economic Community of West African States (ECOWAS Treaty), Articles 56(2) and 57.

“The African Charter on Human and Peoples’ Rights (the Banjul Charter), Articles 1, 4, 5, 6, 7, 12(1), 12(2), 12(3), and 17(2). Article 3(2)(d)(iii) of the ECOWAS Treaty, Article 2(1) of the ECOWAS Protocol A/P.1/5/79 relating to Free Movement of Persons, Residence, and establishment, upon which Chief Adeyemo sought to escape the persecution by passing through the neighboring Republic of Benin, to take refuge in Germany,” he added.

According to him, “While imprisoned in Benin, Chief Adeyemo’s lawyer filed a lawsuit on his behalf in the Oyo State High Court, seeking damages against Nigeria’s attorney general, Abubakar Malami, the State Security Services (SSS), and Central Bank of Nigeria (CBN).

“On September 17, 2021, the Oyo State High Court ruled in affirmation of Chief Adeyemo’s right to political activity in pursuit of self-determination for the Yoruba People, and ordered payment of #20,000,000,000 in damages to Chief Adeyemo in Suit No. M/435/2021.”