Activist detained over immigration violations as legal battle unfolds.

Prominent Pan African and pro Russian activist Kemi Seba has applied for political asylum in South Africa, where he is being detained for breaching immigration laws, his lawyer said on Monday.

Seba, born in France to parents from Benin, was arrested a week ago and is wanted in Benin on charges of inciting rebellion after backing a failed coup attempt in December.

The 45 year old appeared briefly in a Pretoria court on Monday alongside his 18 year old son and a South African national.

Speaking outside the court, his South African lawyer Sesedi Phooko said an application for political asylum had been filed.

"Currently, we are only facing charges of illegal immigration", Phooko said.

"We are also challenging that because we have already submitted an application for political asylum in this country", he added.

Seba overstayed his South African visa after it expired sometime in February, according to his lawyer, a claim also confirmed by a source close to him.

The arrest warrant was issued while he was in the country, making it difficult for him to leave due to passport issues, Phooko said.

Prosecutors asked the court on Monday for a postponement to investigate the authenticity of Seba’s passport, his residency status and alleged money laundering.

CBI News reports that Seba holds a diplomatic passport issued by Niger’s ruling junta, which seized power in a 2023 coup.