Pelumi Olajengbesi
Pelumi Olajengbesi, a prominent
member of the legal team of Yoruba
Nation agitator, Sunday Adeyemo, aka
Sunday Igboho, speaks to KAYODE
OYERO on his client’s chances before
the court in Benin Republic, among
related issues
It is over three weeks since the raid by
the DSS on the Ibadan home of your
client, Chief Sunday Igboho. Are the 12
of his associates arrested and detained
by the DSS in Abuja still alive?
Yes, we believe they are alive.
Information got to us confidentially that
they are going through difficult times,
inhuman treatment. The lady among
them has not changed her clothes for
the past 20 days. It is a sordid tale and
we can’t even say all of these things in
public but we know they are alive.
The DSS cannot kill anyone in its
custody; it is not possible. Nigeria has
not got to that level. We believe that
they are alive because the DSS came out
to say they have them in custody and
that they are investigating.
The Federal High Court in Abuja on
Thursday ordered that the DSS should
produce these 12 persons. Are you
optimistic that the DSS will obey theq
court order?
Yes, we are very optimist until proven
otherwise. The reason is because
Nigeria is governed by a constitution
and we are all under the law; and there
is no arm or agency of government that
is above the law. So, we are very
optimistic that the DSS would obey the
court order and ensure that the proper
thing is done.
These people that are in
DSS custody are Nigerian citizens and
they are entitled to all the privileges
enshrined in the Nigerian Constitution
of 1999 and so we expect the DSS to
abide by the provisions of the law.
But if the DSS does not comply and
obey the court, we are going to swing
into action and take up contempt
proceeding against the DSS, particularly
the DG (Director-General) of DSS
(Yusuf Bichi), and it would be shocking
to Nigerians if the DG of DSS, who is
supposed to respect and protect the
law, ends up in jail.
Your clients have been in DSS custody
for over three weeks without being
given access to their lawyers. What do
you think about this?
This is a sad commentary on the
country’s democracy. What the DSS is
doing is simply making efforts to create
a crime where none exists. They know
that if these people are allowed to meet
with their lawyers, there would be no
opportunity for them to manipulate
facts. The DSS denied them access to
legal representation and this is against
the law. We are going to take up the
DSS on this. This is because there is a
need for us to clearly spell out the
operations and the organs of
government and their duties within the
precinct of the law. The DSS cannot be a
creation of the law and yet disrespects
the law. So, I think that they deny them
access to legal representation because
the DSS has something to hide.
What do you think the DSS has to hide?
They are hiding a lot of things. This is a
government that is frustrated. The
Nigerian people have actually lost
confidence in the government and the
government is trying to regain the
confidence but it is doing it in the
wrong way. The government thinks that
the best way to instill confidence in the
people is by attacking opposition, by
attacking those against the government.
This is the reason the DSS came after
Chief Sunday Igboho. I also believe this
is the reason the DSS denied these
people the opportunity to meet their
lawyers. It is simply an illegality..
Before the raid on Igboho’s house on
July 1, 2021, are you aware if your
client received any notice or invitation
from the DSS?
Before the raid, there was no single
invitation from the DSS, be it by phone
or by letter, inviting Chief Sunday
Igboho. If he was invited under the law,
he would have honoured the invitation
but he was never invited. I do not think
the intention of the DSS was to arrest
Chief Sunday Igboho; the intention was
to take him out because the event that
took place before his house was invaded
was not democratic, it was not normal.
There is nowhere in the world where
security agents raid in such a manner
and have the audacity to say that two
people were killed in the process. This
government, particularly the leadership
of the DSS, would have to account for
these things.
Igboho went underground after the
raid until news broke that he was
arrested at Cotonou, Benin Republic, on
the night of July 19. Why didn’t your
client surrender to the DSS after he
was declared wanted?
There was an attempt to harm him and
in his own wisdom, he felt the best way
for him was to seek refuge. What was
his crime? He demanded that there
should be protection for the Yoruba
people against some criminal Fulani
herdsmen who were killing people. The
entire Fulani people can’t be said to be
criminals but there are some set of
people who are killing other people on
their farms. He (Igboho) complained
about it when the killing was becoming
too much, kidnapping was becoming a
profession and he wanted the Nigerian
government to address it but the
Nigerian government refused. And he
said if the Nigerian government could
not protect the Yoruba people in their
land, the Yoruba people should have
their own nation. He started the
campaign for self-determination and
then the government invaded his house,
destroyed his property and declared
him wanted.
They wanted to take him down during
the raid on his house but by the grace
of God, he was able to leave the place
and find refuge elsewhere. It is not
wrong for any prisoner of conscience,
for any political prisoner to take refuge
anywhere in the world. It is the
international standard.
Would you want to tell us the number
of days your client stayed in Nigeria
before he escaped to Benin Republic?
These are security issues and I won’t
want to go into that.
What really transpired around 8pm at
the Cadjèhoun Airport in Cotonou on
the day he was arrested?
What transpired was that Igboho
wanted to leave the country to a place
where he would be very safe. He was
arrested and taken into custody. The
Nigerian government has been making
efforts, particularly the Nigerian
Ambassador over there, who is a
former Chief of Army Staff – Lt. Gen.
Tukur Buratai (retd.) – they have been
making several efforts to get him back
into the country but Benin Republic
operates by law and they are ensuring
that they do everything within the
ambit of the law.
Why was your client arrested at the
airport?
We know for a fact that the Nigerian
government declared him wanted and
the Nigerian government reached out to
all neighbouring states and border
countries to ensure that Chief Sunday
Igboho is hunted and that was exactly
what happened.
What role did the former army chief
played in the arrest of Igboho at Benin
Republic?
His (Buratai’s) disposition is very clear
and it is to get Chief Sunday Igboho
arrested and return him to the country.
I don’t want to specifically talk about
things, which facts are not available to
me, but we were informed that he
placed calls and made efforts to ensure
that my client was repatriated without
following the rule of law but Benin
Republic declined the request and
insisted that everything must be done
within the precinct of the law.
The information we had was that the
former Chief of Army Staff had
organised a private jet already on
standby that same night to immediately
convey Chief Sunday Igboho to Nigeria.
He thought Chief Sunday Igboho is his
property but then with the stance of
Benin Republic and the agitation of
people all over the world, he couldn’t
achieve that. Now, they (Nigerian
government) are at the mercy at the law
that they ran away from.
For you to know that the Federal
Government of Nigeria was only trying
to do things in a fire-brigade approach,
the Federal Government could not even
bring up any major charge against our
client before the court sitting in Benin
Republic and so the matter had to be
adjourned till next week. We are
expecting that the Federal Government
would come up with whatever its issues
with Chief Sunday Igboho are and why
the government wants him extradited
by all means.
What exactly was discussed in court
last Thursday?
The system of law in Benin Republic is
quite different from the system of law
in Nigeria. In Nigeria we practise an
adversarial system of justice but in
Benin Republic what they have is an
inquisitorial system, a justice system in
which the judge delves into the matter
to enquire. The judge is like the
investigator, asking questions from the
suspects and all of that. That is the
stage we are now at Benin Republic.
A charge has not been preferred against
him (Igboho). The court is at the level
of the judge making an inquiry as to
interviewing Chief Sunday Igboho in the
open court for him to respond to some
of the issues surrounding his arrest and
all of that. Perhaps, from next week,
there would be serious issues in court
and we can have a direction on the
matter.
There were a number of reports in the
media space on the nature of the case
against Igboho before the Benin
Republic court; some called it
extradition hearing, some said Igboho
is being tried for immigration-related
offences. What is the true position of
things?
The name Chief Sunday Igboho is a very
big name. There have been many
reports about him immediately his
arrest was carried out, things that exist
and those that don’t exist, but as a
lawyer, I can tell you that there has
been no charge preferred against him in
court, be it by the Federal Government
of Nigeria or by the Benin Republic
government. The court in Cotonou is
still at the level of investigation.
Are there lawyers based in Cotonou on
your legal team?
Yes, there are prominent lawyers in
Benin Republic on our legal team and
we are confident that we will get justice.
It is not just about the lawyers but
about the rule of law, the circumstances
and the facts surrounding the issue. So,
I know for a fact that Chief Sunday
Igboho will get justice in Nigeria and in
Benin Republic, it is just a matter of
time.
You were in Cotonou and met with
Igboho. Does he feel betrayed in all of
this?
I have read a lot of things in the press
concerning Chief Sunday Igboho but I
can tell you for a fact that he is a
courageous man. When you meet
Sunday Igboho even in this period of
travail, he does not look like a man that
is defeated because he believes strongly
in what he is doing. He understands the
challenges he is facing right now and he
is also glad that a lot of Yoruba people
and non-Yoruba people all over the
world are giving him their support.
That is a lot of inspiration for him.
If the struggle of Chief Sunday Igboho is
personal, he would have felt defeated
and would have been wearied by now
but because the struggle is for the
common good of the people, for that
reason, he does not feel betrayed. He
does not look disappointed because he
knows he would get over the present
challenge in no distant time.
Igboho is perceived to have
metaphysical powers. Many are
wondering how his arrest was possible.
Sunday Igboho is not a herbalist, he has
the fear of God, he believes in God. He
was commander of war in those days
during the Ife-Modakeke crisis. My job
is that of a legal practitioner. The
aspect of supernatural powers may not
be clear to me because when I was
engaged, he didn’t tell me about his
supernatural powers and I can’t defend
him on the basis of supernatural
powers.
Igboho is said to be a German resident
and his wife, Ropo, a German citizen.
Are there foreign nations interested in
this case?
We are making efforts to reach out to
the German government to assist the
family because the wife is a citizen.
However, you must also look at it from
the perspective of the demand for
Yoruba Nation. That agenda is beyond
Nigeria because some people are
engaging the international community
to get involved. Chief Sunday Igboho is
synonymous with the struggle for
Yoruba Nation and he is one of the
icons of the struggle.
Are you considering the possibility that
your client could be jailed in Benin
Republic?
The process of justice is not a one-day
affair. I know Benin Republic has a
judicial system that is open to appeal
and at any point, justice would be
addressed, it is only a matter of time.
Even if he is repatriated to Nigeria, he
would still get justice but our demand is
that he should not be extradited.
We are also hopeful that he would be
granted asylum in Benin Republic. Chief
Igboho is alleged to have committed an
offence that is politically related and he
is wanted for political reasons, because
the Nigerian government wants to
suppress and oppress him but Nigeria is
not a Banana Republic.
Buratai acted like Igboho was his property, hastily organised jet for extradition, Benin disappointed him – Olajengbesi, agitator’s counsel » Hottest
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