Femi Falana, lawyer of Alex Saab has argued at the ECOWAS court that his client who is under house arrest cannot "be subjected to imprisonment and legal proceedings by Cape Verde" because he is a diplomat of Venezuela and must be accorded all the privileges of a diplomat.

According to him, his client was on his way to discharge diplomatic duties of Venezuela in Iran when he was arrested by local police in Cape Verde.

Mr. Falana at the hearing of the case on Friday, February 5, 2021 said, it was surprising that Cape Verde continued to allege that Mr. Saab is not a diplomat and that there was nothing wrong with how it has handled the businessman.

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.

He was arrested on the orders of the U.S. on allegations of corruption. The U.S. wants him extradited to face charges of corruption, but Venezuela has taken a stance against that decision as Mr. Saab’s lawyers fight to stop the process.

At a court hearing on 5 February 2021, Femi Falana argued on four points. Aside from the aforementioned, Falana argued that on 24 December 2020, Alex Saab was appointed as Alternate Permanent Representative of Venezuela to the African Union. His immunity was thus reinforced, but it also demonstrated that he continues to command the full support of Venezuela as a diplomatic agent.

He further told the court that no objections have been raised to Mr. Saab’s appointment by the African Union, adding that it is not a matter for Cape Verde (or any other country for that matter) to raise an issue with whom Venezuela as a sovereign state appoints as its ambassador. Equally, it is for Iran to determine if it recognizes Mr. Saab as a Special Envoy to Iran and not any third party. 

He additionally noted that though Cape Verde has released Alex Saab into house arrest, it has only done so to give the impression of having complied with the ECOWAS Court 2 December decision.

The reality, he argued, is that Cape Verde has only partially grudgingly complied and the conditions of Mr Saab’s so-called house arrest are well short of accepted international standards and even below those Cape Verde itself has offered to drug traffickers in the past.

According to Saab's lawyer, Cape Verde cannot claim that Alex Saab is not a diplomat as he is a Special Envoy to Iran and recognized in that role by Iran. Furthermore, the African Union has accepted his appointment; therefore his immunity and inviolability are absolute and cannot be challenged by Cape Verde.