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The Federal High Court in Lagos on Wednesday awarded cost against the Nigerian Immigration Service (NIS) in a suit by a businessman, Igwe Dennis Nwaokpara, alleging extraordinary rendition from Kenya and a five-year illegal seizure of his international passport.
Justice Yellim Bogoro ordered the NIS to pay N50,000 to the applicant for foisting an adjournment on the court, following its unpreparedness to commence defence of Nwaokpara’s N12billion damages application.
The judge made the order after taking arguments from Nwaokpara’s counsel, Mr. Ademola Owolabi and the NIS’ lawyer Mr. N. M. Gbadamosi.
Nwaokpara, a retired naval personnel, is asking the court to compel the NIS to pay him N12b as damages for its role in his alleged illegal removal from Kenya and to release his International passport.
The applicant, 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.
Nwaokpara claimed further that he was then 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.
At the commencement of proceedings, Owolabi told Justice Bogoro that the case was for hearing, adding that the NIS was served the motion on notice in June and hearing notice which were duly acknowledged. He prayed for approval to move his application.
Responding, Gbadamosi said he had just heard of the case for the first time, adding that he was not with the case file and thus could not go on.
The defence counsel prayed for an adjournment.
Following the defendant’s concession to cost, Justice Bogoro awarded N50,000 cost against the NIS. The judge declined to make any order as to the passport and adjourned till December 15 for hearing of the plaintiff’s application.
