Alex Saab's lawyer petitions ECOWAS Court over Cape Verde's unwillingness to comply with ruling

Femi Falana, the lawyer for Venezuelan diplomat Alex Saab, has petitioned the ECOWAS Court after authorities did not comply with the community court's ruling that the businessman should be released.

Femi Falana is questioning Cape Verde’s unwillingness to comply with the Court’s ruling on the detention of his client.

The ECOWAS court had ruled that the detention was inappropriate as Cape Verde had no arrest warrant nor a Red notice from Interpol for the arrest of the businessman.

The court ordered the immediate release of Alex Saab and asked them to pay $200,000 to him as compensation.

Cape Verde was also asked to stop processes that would lead to the extradition of Alex Saab to the US.

Femi Falana is questioning why Cape Verdean authorities are reluctant in obeying that court when they had set precedent by following its judgment when it was ruled that Mr. Saab should be put under house arrest.

He says that Cape Verde’s action is “unacceptable and flies in the face of its international obligations as well as centuries-old international law governing the movement of diplomats and political agents.”

“It should be noted that Cape Verde despite previous posturing had eventually complied with the Court’s earlier decision of December 2, 2020, which ordered Cape Verde to transfer Mr. Saab under house arrest,” he said.

Lawyer Falala has also requested that ECOWAS withholds its support to Cape Verde.

He also wants Cape Verde stripped of its privileges of presenting candidates for top positions within the ECOWAS as well as its participation in activities in the Community.

Lawyer Falala fears that if Cape Verde is not made to act in the most appropriate way, they will be dire consequences in diplomatic relations between countries.

He says that these consequences will be catastrophic.

Twenty-four hours after the ECOWAS Court ruling on March 15, 2021, the Supreme Court in Cape Verde also ruled that Mr. Saab should be extradited.

In its ruling on Tuesday, March 16, 2021, it dismissed many of the averments of Alex Saab's defence team, amongst them being the fact that he was a special envoy of the government of Venezuela and that his arrest was a violation of that status.

The court said Alex Saab's special envoy status was only recognized between Venezuela and Iran where Saab was going before he was arrested. It said, to the extent that Cape Verde had not been informed that Alex Saab will be travelling through its territory as a special envoy, it cannot be said that Cape Verde violated Mr. Saab's diplomatic status.

"For the time being, there is no evidence in the process that the State of Cape Verde has consented to the Applicant transit through its territory with the status of special envoy. And, without that consent, the Cape Verdean Courts cannot recognize the Claimant's status as special envoy, which means that he does not enjoy the inviolability and immunities to which he is based, based on the United Nations Convention on Missions," the court noted.

Background

Mr. Saab, a Colombian businessman linked to Venezuelan President Nicolas Maduro, was arrested by police in Cape Verde in June last year on his way to Iran aboard a private jet.

The 49-year-old was arrested on the orders of the U.S on allegations of corruption. The U.S wanted him extradited to face charges of corruption, but Venezuela took a stance against that decision as Mr. Saab’s lawyers fought to stop the process.