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ABUJA, Nigeria — A Federal High Court sitting in Abuja has ordered the Ministry of Foreign Affairs as well as the Nigerians in Diaspora Commission to immediately repatriate no fewer than 270 Nigerians currently detained in Kaliti Prison, Ethiopia.
In a judgment delivered on November 14, Justice Inyang Ekwo, gave the order of mandamus “compelling the ministry and NiDCOM to receive and return the imprisoned Nigerians consequent upon the decision and declaration of the Ethiopian government that that they have no budget for their food.”
Copies of the document by the court read: “I find that the applicants have made a credible case for this court to issue an order of mandamus to compel the 1st and 2nd respondents to perform their statutory functions and I so hold,” Justice Ekwo ruled.
The applicants, Sunday Mmaduagwu, Henry Anyanwu and Leonard Okafor, had filed an originating motion on notice, listing as defendants NiDCOM, the Foreign Affairs Ministry, the Senate, the House of Representatives, the Federal Republic of Nigeria and the Attorney-General of Federation.
The plaintiffs filed the suit on behalf of Nigerians imprisoned in Ethiopia Prison.
They sought an order compelling the 1st and 2nd respondents to receive and return Nigerians imprisoned, detained in Kaliti Ethiopia prisons, “consequent upon the decision and declaration of Ethiopian Government that they have no budget for their food, firewood, medicine and any other form of welfare and in the face of their call for Nigeria to take them back to Nigeria.”
In the affidavit in support of the motion, Mmaduagwu deposed that he was the first cousin of Mr. Remigius Anikwe, who was imprisoned at Kaliti Prison in Ethiopia.
He said Henry is a brother to Mr Chinedu Michael Anyanwu, who is also detained or imprisoned in Kaliti Prison, while Leonard is a relative of Mr Okafor Livinus Edochie, who also is in detention in the same prison.
Mmaduagwu averred that since he arrived in the prison to see his cousin, he met over 270 Nigerians in detention, adding that, " some of the persons in the prison were not even tried as they did not understand the language and neither were they offered the services of an interpreter.
He furthered that the ill treatment given to Nigerians in detention is shocking which has led to the collapse and death of some Nigerians.
“Some young Nigerians who were in transit with visa are reported to have been arrested, dispossessed of their money and valuables and false witnesses called to testify against them in a foreign language.
“Many are detained and denied the opportunity of proper hearing by any court and to date, they do not know the reason for their arrest.
“They are also denied access to their families and even the services of a lawyer, making their families assume they are dead.
“Some of them had to admit offences they did not commit after prolonged torture by the prison officials,” Mmaduagwu said.
Delivering judgment in the case, Justice Ekwo said, “By the facts of this application, it is brought on behalf of Nigerian citizens who are detained and imprisoned in Kaliti Prison, Ethiopia by the Ethiopian government. It can, therefore, be seen that the motives of the applicants are not unreasonable as it is rationally expected that a citizen of a country who is abroad and who needs the intervention of his/her country of origin will expect the requisite succour from the home country when occasion arises for such.
“The 1st and 2nd respondents cannot be allowed to argue their way out of their respective statutory functions. There is a compelling case made by the applicants in this suit that Nigerian citizens who are detained and imprisoned in Kaliti Prison Ethiopia by the Ethiopian government require the intervention of the 1st and 2nd respondents and this court has thereby found the grounds to command the 1st and 2nd respondents to perform their respective statutory functions.
“I find that the applicants have made a credible case for this court to issue Order of Mandamus to compel the 1st and 2nd respondents to perform their statutory functions and I so hold.
“Consequently, an Order of Mandamus is hereby made compelling the 1st and 2nd respondents to receive and return Nigerians imprisoned, detained in Kaliti Ethiopia prisons, consequent upon the decision and declaration of Ethiopian government that they have no budget for their food.”
