Federal High Court in Lagos yesterday awarded cost against Nigeria Immigration Service (NIS) in a suit by businessman, Igwe Dennis Nwaokpara, alleging extraordinary rendition from Kenya and a five-year illegal seizure of his passport.
Justice Yellim Bogoro ordered NIS to pay N50,000 to the applicant for foisting an adjournment on the court, following its unpreparedness to begin defence of Nwaokpara’s N12 billion application.
The judge made the order after taking arguments from Nwaokpara’s counsel, Mr. Ademola Owolabi and NIS’ lawyer, Mr. N. M. Gbadamosi.
Nwaokpara, a retired naval personnel, is asking the court to compel NIS to pay him N12 billion 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 Kenya, alleged that country’s immigration service returned him to Nigeria hours after he arrived at Jomo Kenyatta International Airport, Nairobi, following NIS request.
He told the court the incident occurred on June 10, 2017.
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Nwaokpara claimed NIS detained and handed him to the Police Special Fraud Unit, saying there was no court proceeding before the “extraordinary rendition”.
During proceedings, Owolabi told Justice Bogoro that NIS was served the motion on notice in June and hearing notice duly acknowledged.
He prayed for approval to move his application.
Gbadamosi said he just heard of the case, adding he was not with the case file and thus could not go on.
The defence counsel prayed for an adjournment.
“In the interest of justice, we pray the court for a short adjournment to enable us to put our house in order,” Gbadamosi said.
But Owolabi opposed him, saying: “We served them in June and got hearing notice this month. We urge the court to discountenance their argument and grant that we move our application. They are holding his passport and his right to travel has been abridged.”
“Should the court be mindful of granting an adjournment, we pray for an order that the applicant’s passport is deposited with the court’s registrar pending hearing of the application. We are also asking for cost of N150,000.
“We’ve been asking them for the passport since 2017… He was illegally renditioned from Kenya…
“It is gross impunity and abuse of power. His family and business are in Kenya. He was brought back in a humiliating manner…”
Justice Bogoro awarded N50,000 cost against NIS, but declined to make an order on the passport.
The judge adjourned hearing till December 15.
