ONITSHA — The Federal High Court 4 sitting in
Lagos, presided over by Justice Anumogobia is expected to commence hearing on
January 29, 2014 in a N1 billion civil suit instituted against Lagos State
Government, by the 76 victims who were deported from the state and abandoned in
Onitsha, Anambra State on July 24, 2013.
The suit was filed by seven of the deportees,
including Joseph Aniebonam, Osondu Mbuto, Osondu Agwu, Nnenna Ogbonna, Emily
Okoroariri, Friday Ndukwe and Onyeka Ugwu as the applicants, on behalf of the
76 others, while the Attorney-General of Lagos State and the Commissioner of
Police, Lagos State are the respondents.
Deportees
The suit was brought as a motion on notice
pursuant to Order 11, Rule 1&2 of the Fundamental Rights (Enforcement
Procedure Rules), 2009, Sections 34 (1) (A), 35, 40, 45 (1), 42 (1), 46 (1) and
6 (1) of the 1999 Constitution, as amended; Articles 5, 6 and 12 of African
Charter on Human and Peoples Rights.
In the motion filed on their behalf, through
their legal counsel, Chief Barrister Ugo Ugwunnadi, an Onitsha-based legal
practitioner., the applicants are praying the court to declare that they, as
Nigerian citizens are entitled to the enjoyment of their fundamental rights as
provided for in Sections 34, 35, 36, 37, 40, 41 and 42 of the 1999
Constitution, as amended.
The applicants are also seeking a declaration
of the court that their arrest and detention in various camps, Oshodi
rehabilitation centre, police cells and prisons, within Lagos State for no
offence known to law and without trial and conviction by a court of competent
jurisdiction, amounted to a serious breach of their rights as provided for in the
relevant sections of the constitution, adding that such an action was illegal,
null, void and unlawful.
They also sought an order of the court to
declare that their deportation from Lagos State of Nigeria to Anambra State of
Nigeria on July 24, amounted to a gross violation of their rights and a breach
of the provisions of the 1999 Constitution, as amended.
They noted that the court should mandate the
first respondent to re-absorb and accommodate the applicants within Lagos State
of Nigeria since they are Nigerian citizens and are entitled to reside in any
part of Nigeria, including Lagos State.
The applicants equally sought a perpetual
injuction restraining the respondents, their agents, privies, subordinates,
workers and officers, howsoever called, from their further deportation or
refusing them free entry into Lagos and free exit therefrom, as well as an
order mandating the respondents to tender a written apology to them by
publishing the apology in the following newspapers: THISDAY, Vanguard and Daily
Sun continuously for 30 days, from the date of the first publication, for
unlawful and gross violation of their constitutional rights.
Also in their written address, the applicants
noted that the issue for determination is whether the action of the respondents
in arresting, detaining and their subsequent deportation from Lagos to Onitsha,
Anambra State is justified in law, in view of the supreme provisions of the
1999 Constitution of Nigeria, adding that if the issue is resolved in the
negative and against the respondents, the applicants are entitled to the
reliefs sought.
