Retired naval personnel, Igwe Dennis Nwaokpara, has asked the Federal High Court in Lagos to compel the Nigerian Immigration Service (NIS) to pay him N12billion as damages for its role in his removal from Kenya.
Nwaokpara, who runs an agro-allied business in the East African country, alleged that the Kenyan Immigration Service returned him to Nigeria hours after he arrived at the Jomo Kenyatta International Airport, Nairobi, following a request by the NIS.
The applicant, in his fundamental rights application in suit FHC/L/ C3/895/2022 filed through his counsel Mr. Ademola Owolabi, claimed that the incident happened on June 10, 2017
He claimed further that he was detained and handed over by the NIS to the Police Special Fraud Unit, adding that there was no court proceeding before the “extraordinary rendition”.
He added that despite his detention for months, the Police established no allegation against him, following which he was released.
He said upon his release from SFU custody, the NIS refused to return his passport.
According to him, his extraordinary rendition/arrest and/or detention and confiscation of his passport were unlawful.
Nwaokpara prayed to the court for nine reliefs, including a declaration that his arrest in Kenya and refusal to produce him before a Kenyan Court for the purpose of extradition were unlawful.
A declaration that his deportation/extraordinary rendition was illegal, and that the confiscation of his International Passport Ao6128442 since June 13, 2017, is unlawful, and unconstitutional.
He further prayed for an order directing the NIS to “forthwith” release the International Passport and an order running the NIS to write to the Kenyan Immigration Service that he was neither a criminal nor was being investigated by the Federal Government.
Part of his reliefs include:
“A DECLARATION that the deportation/extraordinary rendition of the Applicant from Kenya by the Respondent without due process of law of extradition is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) and Articles 2, 3, 5, 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. A9 LFN 2004 and is therefore illegal and unconstitutional.
“A DECLARATION that the confiscation of the Applicant’s International Passport’s No. A06128442 since June 13, 2017, is abrasive, abusive, illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) and Articles 2, 3, 5, 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. Ag LFN 2004 and is therefore illegal and unconstitutional.
“A DECLARATION that the continuing confiscation of the Applicant’s International Passport’s No. A06128442 despite repeated demand is abusive, illegal, unlawful, and unconstitutional and amount to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty, and to fair hearing as enshrined and guaranteed under sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) and Articles 2, 3, 5, 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. A9 LFN 2004 and is therefore illegal and unconstitutional.
“AN ORDER setting aside the decision of the Respondent to seize, confiscate and continue to seize and confiscate the Applicant’s International Passport No. No. A06128442 since June 13, 2017, and directing the Respondent to forthwith release the Applicant’s International Passport No. No. A06128442 to the Applicant.
“AN ORDER directing and mandating the Respondent to write to the Kenyan Immigration Service that the Applicant is not a criminal and not being investigated by the Federal Government of Nigeria or any of its agencies.
“AN ORDER of this Honourable Court awarding the sum of N2 Billion as damages for the unlawful and unconstitutional extraordinary rendition/arrest and/or detention of the Applicant and the confiscation of the Applicant’s International Passport.
” AN ORDER of this Honourable Court awarding the sum of N10 Billion as special damages for the unlawful and unconstitutional arrest and/or detention of the Applicant and the confiscation of the Applicant’s International Passport.
“AN INJUNCTION restraining the Respondent whether by himself or officials, officers, agents, servants, privies or otherwise howsoever of the Nigeria Immigration Service from further deporting, arresting, detaining or in any other manner infringing on the fundamental rights of the Applicant.