Barristers & Solicitors
Unlawful Kenya deportation: Court faults, fines Immigration N6m

Fedeeral High Court sitting in Lagos yesterday awarded N6 million damages against Nigerian Immigration Service (NIS) in favour of a businessman, Dennis Nwaokpara, who was unlawfully arrested, deported from Kenya and detained in Nigeria.

Justice Yelim Bogoro restrained NIS from further deporting, arresting, detaining or infringing Nwaopara’s rights.

The judge set aside NIS’ decision to seize, confiscate and continue to seize and confiscate the applicant’s international passport, No. A06128442, since June 13, 2017, and directed that the passport be released to him.

The court ordered NIS to write to Kenyan Immigration Service that the applicant was neither a criminal nor being probed by the Federal Government or any of its agencies.

Justice Bogoro declared that the arrest of Nwaokpara in Kenya at NIS’ behest without due process was arbitrary, and the refusal to produce him at a Kenyan court for his extradition was unlawful.

The judge held that the deportation/extraordinary rendition of Nwaokpara from Kenya at NIS’ behest without due process was unconstitutional.

He declared further that the continuing confiscation of his international passport since June 13, 2017 was unconstitutional.

Justice Bogoro made the orders and declarations, while delivering judgment in suit FHC/L/CS/895/2022 filed by the applicant through his lawyer, Ademola Owolabi, against NIS’ Comptroller General.

NIS did not controvert or challenge the applicant’s deposition.NextStay

Justice Bogoro granted all reliefs sought, except in the area of damages, wherein the applicant asked for N12 billion and special damages.