By Jude-Ken Ojinnaka
A Kenya-based Nigerian businessman, Igwe Dennis Nwaokpara, will boost his financial position with N6 million from the coffers of Nigerian Immigration Services (NIS) as a result of a judgement delivered by a Federal High Court, Lagos in his favour.
Justice Yellim Bogoro of a Federal High Court sitting in Lagos awarded the aforementioned sum to Mr Nwaokpara while delivering judgement on suit numbered FHC/L/CS/895/2022, filed by the applicant against NIS, Comptroller General.
The court awarded the sum against the Nigerian Immigration Services (NIS) in favour of Mr Igwe Dennis Nwaokpara for his unlawful arrest, deportation from Kenya and detention in Nigeria.
The court also made an injunction restraining 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 International Passport No. A06128442 since June 13, 2017, while also directing the Respondent to release the Passport to him forthwith
The court also ordered the NIS to write to the Kenyan Immigration Service that the applicant was neither a criminal nor being investigated by the Federal Government of Nigeria or any of its agencies.
Justice Bogoro also declared that the arrest of Nwaokpara in Kenya by the NIS agents without due process of law was arbitrary and the refusal to produce him before a Kenyan Court for the purpose of his extradition was unlawful.
The judge further declared that the deportation/extraordinary rendition of Nwaokpara from Kenya by the NIS without due process of law of extradition was unconstitutional.
The judge declared further that the confiscation of his International Passport No. A06128442, since June 13, 2017, was unconstitutional and unlawful.
Furthermore, the judge declared that the continuing confiscation of the applicant’s International Passport No. A06128442 despite repeated demand, was unlawful.
While the matter lasted the NIS did not controvert or challenge the applicant’s deposition.
Consequently, Justice Bogoro while delivering judgment in the suit, granted all the reliefs sought by the applicant, except in the area of the damages, wherein the applicant asked for a total of N12 billion, as damages for his unlawful arrest and detention, and special damages.
The court in its wisdom, awarded to him N6 million.
