In a lawsuit brought by former navy officer Igwe Dennis Nwaokpara alleging deportation/extraordinary rendition from Kenya and a five-year wrongful seizure of his international passport, the Federal High Court in Lagos has granted costs against the Nigerian Immigration Service (NIS).
As a result of the Service forcing a court adjournment due to its lack of readiness to begin the defence of Nwaokpara’s N12 billion Fundamental Rights Application, Justice Yellim Bogoro ordered the NIS to pay N50,000 as costs.
Nwaokpara, who owns an agro-related company there, claimed that, in response to a request from the NIS, the Kenyan Immigration Service sent him back to Nigeria in June 2017 a few hours after his arrival at Nairobi’s Jomo Kenyatta International Airport.
He added that there was no court case before the “extraordinary rendition,” and that he was subsequently held and given to the Police Special Fraud Unit by the NIS.
Despite his lengthy arrest, he said, the police had found no evidence of an accusation against him; hence, he had been freed.
He said that the NIS withheld his foreign passport when he was released from SFU prison.
He requested that the court rule that his extraordinary rendition, arrest, detention, and passport seizure were illegal through the assistance of his attorney, Ademola Owolabi.
Additionally, he requests that the court order the NIS to pay him N12b in restitution for its alleged role in his wrongful expulsion from Kenya and the release of his passport.
Mr Owolabi informed Justice Bogoro that the case was set for hearing when the hearings got underway today. He also mentioned that the NIS had been served with a motion on notice in June as well as a hearing notice informing them of the proceedings today, which was promptly acknowledged. He pleaded with the judge to let him move his application.
In response, Mufutau Gbadamosi, who serves as counsel to the NIS, said he had only learned of the situation and had not yet had a chance to review the case file. He requested a brief break so the NIS could organize its affairs.
However, the applicant’s attorney disagreed with him. He requested that the court ignore the NIS’s objections and permit him to move his application.
They want to claim that they have just been told even though they are holding his passport and restricting his ability to travel.
“The applicant’s passport should be deposited with the court registrar while the case is being heard, should the court decide to grant an adjournment. Additionally, we request a fee of N150,000.
“Since 2017, we have been requesting the passport, and we hope the court will strike a fair balance by requesting that it be placed in the court’s register. The facts are undeniable: Kenya was unlawfully extradited. Because there is no legal precedence for this (the applicant’s matter), even the Nnamdi Kanu case is preferable. It is an instance of egregious impunity and power abuse, the kind that was unheard of even during colonial times. The family and business of the applicant are in Kenya. Owolabi added, “He was brought back in a demeaning way and can’t go back.”
Justice Bogoro awarded N50,000 as costs against the NIS after hearing from both parties. The hearing on the plaintiff’s application was postponed until December 15 after the judge rejected to grant an order relating to the passport.
Nwaokpara is requesting nine reliefs from the court, including a statement that his detention in Kenya and failure to appear in front of a Kenyan court to request extradition were illegal.
Ao6128442, his international passport, has been confiscated since June 13, 2017, and he is also asking for a statement that his alleged “deportation/extraordinary rendition” was unlawful.
He also called for an order telling the NIS to “forthwith” release the international passport and to tell the Kenyan Immigration Service in writing that he is neither a criminal nor under investigation by the federal government.
