On the 10th of June, 2020, news filtered on about the arrest of Nigerian socialite Ramoni Igbalode (who is popularly referred to as Hushpuppi), alongside 12 other members of his gang, in Dubai, United Arab Emirate. He was arrested on allegations of fraud committed against the nationals of several countries worldwide. The news went on to gain further popularity, as the UAE Police force released an impressive video on how they went about both the investigation and apprehension of Hushpuppi and his gang, in an operation termed ‘Fox hunt 2’.
While arrests carried out against Nigerians in foreign countries are unfortunately quite common, a lot of uncertainty arises as to laws governing such arrests, detentions and trials. In most cases, there is a possibility of an overlap between the laws and procedures of various countries. For example, in Hushpuppi’s case, he is a Nigerian and subject to Nigerian law therefore the country has jurisdiction to try him for his crimes. However, the fact that he resides in Dubai and by implication committed many of his alleged crimes there, also gives Dubai jurisdiction to prosecute him, and lastly because one of his alleged scams was committed against citizens of the United States (amongst other countries), the US could also prosecute him for his crimes. One may get confused as to how to go about ensuring their rights are not breached, and it is for this reason that a lot of arrests of Nigerian nationals globally are characterised as human rights abuse.
There is therefore a need to address the rights a Nigerian suspect has in a foreign country as statistics reveal that roughly 17 million Nigerians currently reside in diaspora, and by implication may be a victim of unlawful detention and arrest. Due to the fact that as stated above, laws may overlap. This article approaches enforcement of one’s rights from the International Human Rights Law point of view, because there is hardly any limitation to its jurisdiction as almost every country is bound by it.
The International Court of Justice buttressed this fact, in the case of United States of America v. Islamic Republic of Iran, 12 v 81, International Court of Justice (ICJ), 12 May 1981 in the Hostages in Tehran case, where it held that “notwithstanding that a State may not have ratified or otherwise adhered to any of the preceding human rights treaties, it is nonetheless bound by other legal sources to ensure a person’s right to respect for his or her liberty and security”
Below is a list of rights a Nigerian has upon arrest abroad:
Right to liberty: Article 9(1) of the International Covenant on Civil and Political Rights as well as Article 6 of the African Charter on Human and Peoples’ Rights as well as Article 3 of the Universal Declaration of Human Rights, guarantees every individual a right to liberty, this simply means that such a person must not be subject to arbitrary and unlawful arrest and/or detention.
Right to a Fair Trial: Article 9(2) of the International Covenant on Civil and Political Rights as well as The African Commission on Human and Peoples’ Rights, list out some of the criteria for a fair trial. They include:
The right to be informed at the time of arrest, in a language they understand of the reason for their arrest:
The right to be informed promptly of any charges against them.
Right to an interpreter: Principle 14 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, clearly provides that a person who does not adequately understand or speak the language used by the authorities in a foreign country is entitled to an interpreter.
Right to be promptly brought before a judge or other judicial officer:
Article 9(3) of the International Covenant on Civil and Political Rights provides that “anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power”.
The Right to Trial within a Reasonable Time or to Release pending Trial:
Article 9(3) of the International Covenant on Civil and Political Rights provides that everyone detained shall be entitled to trial within “a reasonable time” or to release pending trial.
The Right to Speedy determination of the legality of one’s arrest: Article 9(4) of the ICCPR provides that any one deprived of liberty by arrest or detention, is entitled to take proceedings before a court, so the court may decide without delay on the lawfulness of his detention and order his release if said detention is unlawful.
Right of Access to a Lawyer: Principle 11(1) of the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, “a detained person shall have the right to defend himself or to be assisted by counsel as prescribed by law”.
The Right to Compensation in the Event of Unlawful Deprivation of Liberty: Article 9(5) of the International Covenant on Civil and Political Rights provides that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”.
Today in Asia, about 300 Nigerians are on death row. THIS DAY newspaper, estimated the number of Nigerians currently imprisoned abroad at 16,500. One can only wonder as to how many of these cases may have ended differently if each and every inmate or detainee understood his/her rights upon arrest. There is a the need for awareness amongst Nigerians, to ensure that none of the rights due to us are breached upon arrest abroad.
Written by Elizabeth Olus Esq.
