Femi Falana, lawyer for Venezuelan businessman, Alex Saab who has been detained in Cape Verde for about nine months, has written to the government, asking it to immediately comply with the ruling of the ECOWAS court with regards to the continued detention of Mr. Saab.
In a letter dated March 16, 2021, Falana said Cape Verde, as a key member of the African Union (AU) and the Economic Community of West African States (ECOWAS) has a legal and moral obligation to comply fully with the declarations of the court.
The court, on Monday March 15, 2021, in its ruling concluded that the arrest and detention of Alex Saab was illegal hence he must be immediately released.
It also indicated that Cape Verde must halt all processes it had commenced to extradite Mr. Saab to the US.
Cape Verde was also asked to pay a compensation of $200,000 to Alex Saab.
A day after the ruling, Femi Falana who has been leading the charge for the businessman at the ECOWAS court reminded Cape Verde that declarations of the court were to take immediate effect.
"...having fully participated in the Ecowas Court’s process (as evidenced by the attendance and participation of your counsel Dr Henrique Borges on both 5 February and 15 March) and therefore submitted to the jurisdiction of the Ecowas Court, we would expect your immediate compliance with the Honourable Court’s decision. This requires the immediate release of our client and payment of the damages of USD200,000 awarded as compensation for his illegal arrest and detention in accordance with the judgment of the Court," he said in the letter addressed to the President and Prime Minister of Cape Verde and copied to other stakeholders in the case.
He said it was important for Cape Verde to free Alex Saab as directed by the court and enable him to assume his diplomatic duties as an Alternate Permanent Representative of the Bolivarian Republic of Venezuela to the African Union.
"...we are compelled to respectfully request Your Excellencies to ensure that the government of the Republic of Cabo Verde complies with the judgment as well as provides safe passage for Mr. Saab to enable him to assume his diplomatic duties as an Alternate Permanent Representative of the Bolivarian Republic of Venezuela to the African Union," the letter added.
Alex Saab has been detained in Cape Verde since June 2020. His aircraft had stopped in Cape Verde to refuel on his way to Iran when local police arrested and detained him.
The US, which ordered his arrest want him to be tried on US soil on allegations of corruption and money laundering and made a request to Cape Verde to extradite him.
Although Cape Verde accepted the request, it could not carry it out due to the court proceedings challenging the arrest and detention.