Nigeria has been criticised for extraditing 47 Cameroonian Anglophone separatists to face charges in Yaounde, where the government has described them as “terrorists”.
Concerns have been raised by legal practioners about the legality of such an extradition given the lack of any specific treaty between the two countries and outstanding requests made by the separatists for political asylum.
“I’ve not really found any particular extradition treaty between Nigeria and Cameroon,” said Abiola Olagunju, Secretary General, Nigerian Bar Association.
“The nearest one that we have is the charter for the Lake Chad basin that was signed by the President in 2017.”
Ten of the separatists, including Ayuk Tabe, leader of the self-proclaimed Federal Republic of Ambazonia, were arrested by Nigerian security forces at a hotel in Abuja, in January.
Olagunju also said specific extradition treaties exist with other countries within the ECOWAS regional bloc like as Benin, Togo and Ghana, but not with Cameroon. He spoke in general about the legal relationship between the two countries and not specifically about the case of the separatists.
“The first thing we must note is that the crimes or alleged offence must be extraditable, but not every crime or offence is extraditable in Nigeria Political offences are not extraditable, like treason, sedition and offences against the government of that state.”
Ayuk Tabe is leading a campaign for the creation of a separate English-speaking entity apart from the Francophone administration in Yaoundé as tension in Cameroon’s Anglophone regions have grown over the past year.
The crisis began with protests over perceived marginalisation by the Cameroonian authorities. The government responded with a crackdown including curfews, raids and restrictions on travel.
More recently another separatist entity called the Ambazonia Governing Council has launched attacks against Cameroonian security forces.
According to its leader Cho Ayaba, the Ambazonia Governing Council has been clear in its use of violence, carrying out “defensive actions” and “exercising its right to defend itself”,. On the other hand, Ayuk Tabe had previously said, he eschews violent action, and has only ever called for peaceful protests.
Political asylum game
In addition to questions over the extradition arrangement between Nigeria and Cameroon, some have highlighted that the separatists made a request for political asylum in Nigeria and registered with the UN refugee agency.
“The country director of the United Nations High Commissioner for Refugees (UNHCR) did write to the government explaining the legal status of the refugees under international law, but in defiance of the rule of law the Nigerian government has thrown them out,” Femi Falana, a Nigerian human rights lawyer who acted for the separatists, said.
Nigeria is a state party to the 1951 Refugee Convention and its 1967 Protocol, which cover the rights of refugees and asylum seekers.
“What the Nigerian government has done is indefensible. The fear is that they are going to be put on trial and probably tried for treason which attracts the death penalty in Cameroon.”
The International law of Non-Refoulement
Non-Refoulement is a principle of customary international law prohibiting the expulsion, deportation, return or extradition of an alien to his state of origin or another state where there is a risk that his life or freedom would be threatened for discriminatory reasons. This law institute is often regarded as one of the most important principles of refugee and immigration law.
Since the principle of non-refoulement has evolved into a norm of customary international law, states are bound by it whether or not they are party to the Convention relating to the Status of Refugees.
As a part of customary and treaty law, all countries are legally bound by the prohibition of returning refugees in any manner whatsoever to countries or territories where the lives or freedom of such person(s) may be threatened because of race, religion, nationality, membership of a particular social group or political opinion, which is the cornerstone of international protection and it is embodied in Article 33 (1) of the 1951 Convention.
The principle of non-refoulement as contained in the 1951 Convention is not an unqualified principle.
Is there any exception to the law?
There are three exceptions to non-refoulement.
- First, the benefit of the principle may not be claimed by a refugee who may pose a danger to the security of the country in which he or she is present.
- Second, the principle does not apply to a person who, having been convicted by a final judgment of a particularly serious crime constitutes a danger to the community of that country.
- Third, the benefit of the convention is to be denied to any person suspected of committing a crime against peace, a war crime, or a crime against humanity, a serious non-political crime outside the country of refuge, or acts contrary to the purposes and principle of the United Nations (Articles 33 (2) and 1 (F) of the 1951 Convention).
How has Cameroon reacted?
The Cameroonian authorities hailed the extradition of Ayuk Tabe and his separatist supporters following their arrival in the capital. The government said it underlined the close relationship between the two countries, emphasising that the extradition was perfectly legal.
“Whatever has taken place is within the framework of our laws,” said Issa Tchiroma Bakary, the government spokesperson and minister of communications.
“We are a law abiding Nation as well as Nigeria, our brotherly neighbour country.”
“Rest assured that no violation of the law, in one way or another, has ever taken place and will never take place,” Bakary added.
