The court also restrained the NIS, whether by itself or its officials from further deporting, arresting, detaining, or in any other manner infringing on Nwaokpara’s fundamental rights.
Justice Yelim Bogoro of the Federal High Court in Lagos on Wednesday awarded N6m against the Nigerian Immigration Service, in favour of a businessman, Igwe Nwaokpara, who was arrested, deported from Kenya and detained in Nigeria.
The court also restrained the NIS, whether by itself or its officials from further deporting, arresting, detaining, or in any other manner infringing on Nwaokpara’s fundamental rights.
It also set aside the NIS’ decision to seize, confiscate and continue to seize and confiscate the applicant’s passport since June 13, 2017, while also directing the service to forthwith release the passport to him.
Justice Bogoro further ordered the NIS to write to the Kenyan Immigration Service that the applicant was neither a criminal nor being investigated by the Federal Government or any of its agencies.
The court held that the arrest of Nwaokpara in Kenya by the NIS’ officials without due process of law was arbitrary, adding that the refusal to produce him before a Kenyan court for the extradition purpose was unlawful.
The judge also declared that the deportation of Nwaokpara from Kenya by the NIS without adhering to the law of extradition was unconstitutional.
The court also declared that the continuing confiscation of his passport despite repeated demands was unlawful.
Justice Bogoro made the declarations while delivering judgment in the suit marked FHC/L/CS/895/2022, filed by the applicant through his lawyer, Ademola Owolabi, against the NIS’ comptroller-general.
While the matter lasted the NIS didn’t challenge the applicant’s deposition. Consequently, Justice Bogoro, granted the reliefs sought by the applicant, except in the area of the damages, wherein the applicant asked for N12bn, as damages for his unlawful arrest and detention, and special damages. Instead, the court granted N6m.
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