Yoruba Nation activist, Sunday Adeyemo, aka Sunday Igboho has filed a $1,000,000 (N570 million) suit as general damages, for each day he has been imprisoned in the Benin Republic, before the Community Court of Justice, the Economic Community of West African States (ECOWAS) in Abuja against the Republic of Benin.
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.
He said the order sought is Pursuant to Article 59 of Rules of Procedure, an Expedited Procedure and Hearing, regarding the imprisonment and release of Igboho.
Igboho’s counsel said 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.
“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 neighbouring Republic of Benin (“Benin”), to take refuge in Germany.”
Ojaomo said the applicant, Igboho, is a Nigerian citizen of one of the member states of ECOWAS, a husband, father, businessman, philanthropist, political activist, and ultimately, a lover of the Yoruba.
Due to arrest and ongoing detention by the officials of the Republic of Benin, he is currently a resident at a prison in Cotonou.
He also said that the defendant is the government of the Republic of Benin, a member state of ECOWAS and a signatory or state-party to the Banjul Charter and several laws cited herein.
Ojaomo in a 40 paragraph affidavit said, “Benin violated Chief Adeyemo’s human rights including but not limited to personal liberty, freedom of movement, the presumption of innocence, due process, the dignity of the human person, expressed in the ECOWAS Treaty, Article 3(2)(d)(iii), Banjul Charter, Articles: 1, 4, 5, 6, 7(1), 12(1), 12(2), 12(3), and 17(2), Refugee Convention, Article 26, Universal.
Declaration of Human Rights, Articles: 3, 5, 9, 12, 13, and 14, International Covenant on Economic, Social and Cultural Rights, Articles: 5(2), and International Covenant on Civil and Political Rights, Articles: 9, 12, 14(1), 14(2), 14(3), and 14(3)(c).
“The applicant, Chief Adeyemo is a Nigerian citizen of ECOWAS, a husband, father, businessman, philanthropist, political activist, and ultimately, a lover of the Yoruba. Inspired by insecurity, genocide, and crimes against humanity being perpetrated against the Yoruba People in Nigeria, Chief Sunday Adeyemo emerged as a political activist; he advocates for Self-Determination by the Yoruba pursuant to, Article 20(1) of the Banjul Charter, Article 1 of the International Covenant on Economic, Social and Cultural Rights, and Article 1 of the International Covenant on Civil and Political Rights, to ensure the security of the People via independence from Nigeria, seeing the government demonstrated that it cannot be trusted with this duty.”
“As Nigeria is an ECOWAS member, being a citizen of Nigeria makes Chief Adeyemo a community citizen,” he said.
Ojaomo also stated that “Pursuant to Article 1(1)(a) of the ECOWAS protocol A/P3/5/83, the Respondent is a member state of the Economic Community of West African States. Chief Adeyemo is a leading voice condemning the terrorism suffered by farmers and other rural dwellers in the Southwest region of Nigeria, where many of the victims who survived have identified their assailants as being of Fulani extraction.
“During his advocacy, Chief Adeyemo signed a compelling petition to the International Criminal Court (“ICC”) under the Rome Statute.”
On September 17, an Oyo State High Court granted a relief sought by the Yoruba Nation activist and ordered the Nigerian government to pay him N20 billion for violating his rights.
The court also dismissed an application filed by the Attorney General of the Federation (AGF), Abubakar Malami, challenging its jurisdiction to hear allegations against Nigerian Government agencies.
The court also dismissed an application filed by the Attorney-General of the Federation, challenging its jurisdiction to hear allegations against Nigerian government agencies.
