Judiciary
By Benprince Ezeh
THE African Bar Association, AFBA, has said that disobedience of court orders and judgments are the same as a military coup d’etat and that the Leaders of the Economic Community of West African States, ECOWAS, should treat it as they are currently taking the illegal change in Governments in Mali and recently in Guinea.
Speaking at a news conference on Tuesday, September 28 in Lagos, Hannibal Uwaifo, President AFBA, said that Cape Verde, a member state of ECOWAS had violated the Judgment of the ECOWAS Community Court, which ordered the immediate and unconditional release of Ambassador Alex – Saab, a Venezuelan Diplomat illegally detained in Cape Verde since June 2020.
“The Council has observed some terrifying dimensions to the tyranny and oppression of some supposed democratic governments, which now violate with impunity judgments of judicial bodies and institutions set up to extend the frontiers of justice delivery and access to justice in Africa.
AFBA and its Human Rights Committee have noted with disdain that despite the fact that Cape Verde is a full-fledged member of ECOWAS and part of the decision to set up the ECOWAS Community Court, where same Cape Verde nominated Judges, who sit in the ECOWAS Community Court, the country is deliberately and illegally refusing to abide by the court’s judgment, which is not in her favour.
“AFBA is aware that Cape Verde participated in the proceedings of the Court in the Ambassador Alex Saab’s case, made their arguments, but lost the outcome and has become sour about it.
“We believe Cape Verde’s action to be an afterthought, repressive and retrogressive step considering the fact that Cape Verde is a democracy and practices constitutional rule, and must be quickly, effectively and decisively checked to prevent a collapse of the Legal and Value system of ECOWAS as a respected and renowned sub-regional group,” Uwaifo said.
According to him, AFBA does not and will not respect Cape Verde’s right to Municipal Laws and Legal regime when she is in violent disobedience of a Regional Court over the same subject matter, as this is illegal and totally unacceptable in International Law.
“AFBA is of the opinion and believes Cape Verde’s action to be a setback for Africa’s quest for regional and global integration, as its action has created doubt about the efficacy of the legal system in Africa.
“AFBA believes that Cape Verde’s actions put West Africa and African Diplomats at risk, is a blow to the Foreign Direct Investment in Africa and an affront on African Unity.
“Influential members of the Sub-regional body have been too soft on Cape Verde as Cape Verde is not above the law and not bigger than ECOWAS.
“The Member States of ECOWAS like Nigeria, Ghana, Cote d’ Ivoire, Senegal and the Niger Republic should immediately call Cape Verde to order and make her comply with the ECOWAS Court Judgment on Ambassador Saab by releasing the diplomat immediately and believe that the said influential members in saving the integrity of ECOWAS and their individual and national integrity, has the capacity to invoke the relevant rules to impose serious punishment on Cape Verde, including political and economic blockades until the country complies with the judgment,” Uwaifo said.
He, however, stated that disobedience of court orders and judgments is the same as a military coup d’etat, that ECOWAS leaders should treat it as they are currently taking the illegal change in Governments in Mali and recently in Guinea.
“ECOWAS Leaders should call for an emergency meeting and demand the obedience of the ECOWAS Court Judgment by Cape Verde or in the alternative impose severe punitive sanctions.
“The Ambassador Saab’s case is a case of gross Human Rights violation and illegal detention, a violation of International Law and take the matter to the 2021 Annual Conference holding in Niamey, Republic of Niger 3rd – 7th October, 2021, sensitize participants on the matter and work with the media to achieve respect and obedience of the ECOWAS Community Court, the Rule of Law, respect for the sanctity and independence of the judiciary in Africa,” AFBA said.
The human rights organisation also urged and demanded the immediate and unconditional release of Ambassador Alex Saab, respect for the ECOWAS Court and the Rule of Law in Africa by Cape Verde, and all Governments and Institutions in Africa as the African Bar Association.
“We appreciate the fears and concerns of the Venezuela Lawyers’ Association, the World Council of Jurists, the International Association of Democratic Lawyers, Political and Religious Authorities that have written to and sought the intervention of the African Bar Association in the campaign for the unconditional release of Ambassador Saab and will work with all professional bodies, Civil Society Organizations, and do all that is lawful to secure the freedom of Ambassador Saab,” Uwaifo said.
First published – Sept. 29, 2021 @ 12:57 GMT | C.E
Tags: AFBA Alex - Saab Cape Verde ECOWAS Hannibal Uwaifo
