Cape Verde: Supreme Court delivers counter judgement to ECOWAS court on Alex Saab extradition  

The Supreme Court of Cape Verde has ruled that embattled businessman and diplomat, Alex Saab, who has been detained in the country for about nine months should be extradited to the US to face charges there. 

“The extradition that is now authorized is for the extradited person to be subject to a criminal process for only one of the crimes that is being attributed, in accordance with the guarantee offered by the requesting State,” the Cape Verde court stated in its judgement. 

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. 

The court's decision is directly at variance with the decision of the ECOWAS court which also ruled on Monday, March 15, 2021 that all extradition processes for Alex Saab should be suspended and that he should be freed. 

The ECOWAS court also fined Cape Verde $200,000 to be paid to Mr. Saab as compensation for being illegally and arbitrarily arrested and detained. 

But the Supreme Court of Cape Verde said the decision of the ECOWAS Court was not binding on it hence it is not obliged to respect it.  

"Therefore, as ECOWAS is not a supranational organization for the time being, and the State of Cape Verde has not even signed the 2005 Protocol, there is no basis for it to be considered linked to such an instrument. and, consequently, to the decisions of the Court of Justice issued under the competences conferred on it by such an instrument of which it does not form part," the ruling of the court stated.

This development has sparked controversy over the island country's regard for the sub-regional body with some saying that it spells doom for the future of the ECOWAS court as it suggests that the ECOWAS Court has no power to adjudicate matters that concern member states.

Alex Saab's lawyers, Femi Falana and Dr Jose-Manuel Pinto Monteiro representing him at the ECOWAS court and in Cape Verde respectively have expressed their disappointment in the Cape Verde court's ruling and they have indicated their readiness to appeal the decision.  

“There can be no debate about the binding nature of the ECOWAS Court’s decision on Cape Verde. I call upon members of the ECOWAS Commission to stand up and make clear their opposition to the behaviour of Cape Verde....I also call upon the ECOWAS Heads of State to convey their concern and displeasure at the shameful actions of Cape Verde," said Femi Falana. 

Dr Jose-Manuel Monteiro also remarked that, "For the Supreme Court to deliver a ruling which serves no purpose but satisfy the political avarice of others is very disappointing,” he said.  

The defence team has up to March 31 to appeal the decision. 

While it works on this process, it has other procedures before the African Union and in the US which are all geared towards stopping Saab's extradition and securing his freedom.