By Gabriel Olawale

The Republic of Cape Verde, has prayed the Community Court of Justice (the ECOWAS Court), to set aside its judgment delivered on March 15, 2021, which declared the arrest of H.E. Alex Saab as illegal and also ordered that he should be immediately released.

H.E. Alex Saab, Special Envoy and Alternate Permanent Representative to the African Union of the Bolivarian Republic of Venezuela, was illegally detained by the Republic of Cape Verde since 12 June 2020. At the time of his arrest H.E. Alex Saab was, in his capacity as Special Envoy of the Bolivarian Republic of Venezuela, engaged in a humanitarian Special Mission the purpose of which was to bring vital medicines & medical equipment and basic foodstuffs to meet the needs of the people of Venezuela during the COVID-19 epidemic.

Asides delivering judgement on the matter, the ECOWAS Court  had also ordered that the extradition process (commenced at the request of the United States) be terminated, and that the sum of $200,000, should be paid as compensation to him for the violations of his human right to personal liberty guaranteed by Article 6 of the African Charter on Human and Peoples Rights.

In flagrant disobedience of the judgment, the Republic of Cape Verde refused to release H.E. Alex Saab from illegal custody notwithstanding that all member states of ECOWAS are bound by the decisions and orders of the ECOWAS Court.

Cape Verde, which had refused to comply with the decision of the ECOWAS Court, filed a motion begging the ECOWAS Court, to review its judgment of 15 March 2021. In a separate motion, it also filed on April, 15, 2021; Cape Verde challenged the jurisdiction of the ECOWAS Court, which it claimed over the past few months not to recognise.

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However, counsel  to H.E. Alex Saab, Femi Falana, SAN, promptly filed a motion praying the ECOWAS Court to direct the Authority of Heads of State and Government, the highest decision-making body in ECOWAS, to impose sanctions on Cape Verde for treating the judgment of the ECOWAS Court with contempt.

Falana, SAN, who is the Lead ECOWAS Counsel for H.E. Alex Saab  said : “There is absolutely no question that under the ECOWAS Revised Treaty – a treaty which Cape Verde has signed – the ECOWAS Court has jurisdiction in this matter and its decisions are binding upon Cape Verde. Cape Verde has come under intensive pressure from other ECOWAS Member States over its disrespect of the ECOWAS Court which is why it is now secretly begging the Honourable Court to review the  March 15,2021, decision. Cape Verde has long claimed to be a bastion of African democracy and a state which respects the rule of law both domestically and especially internationally. Cape Verde’s open non-compliance with a legally binding obligation under the ECOWAS Revised Treaty has revealed to the world the true nature of Cape Verde’s democratic values and why Cape Verde is now desperately seeking to salvage its reputation.”

The team which has handled the successful ECOWAS Court of Justice process for H.E. Alex Saab, has also released the following statement:

H.E. Alex Saab has challenged his illegal arrest through the ECOWAS Court the Honourable Court had on December 2, 2020 and  March  15, 2021 issued binding unanimous decisions in H.E. Alex Saab’s favour against the Republic of Cape Verde and on both occasions, Cape Verde has failed to comply with these binding decisions. Cape Verde, as a full member of the Economic Community of West African States is bound by the ECOWAS Revised Treaty but has nevertheless claimed that it neither recognises the jurisdiction of the ECOWAS Court and nor is it bound by the ECOWAS Court’s decisions.

These are blatant falsehoods as the ECOWAS Revised Treaty (which Cape Verde has signed) imposes both the jurisdiction of the Court and the binding nature of the Court’s rulings on ECOWAS Member States.