Federal High Court in Abuja has issued a landmark ruling, ordering the Ministry of Foreign Affairs and the Nigerians in Diaspora Commission (NIDCOM) to bring back at least 270 Nigerians currently imprisoned or detained in Kaliti Prison, Ethiopia.
The judgement was delivered by Justice Inyang Ekwo on November 14, granting an order of mandamus that compels the ministry and NIDCOM to receive and return the imprisoned Nigerians. This decision comes after the Ethiopian government declared that they have no budget to provide food for the detainees.
“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 plaintiffs, Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor, filed the suit on behalf of the detained Nigerians, citing inhumane treatment and lack of access to basic necessities.
Mmaduagwu revealed that many detainees were arrested without trial, subjected to torture, and forced to admit to crimes they did not commit. He also alleged that NIDCOM acknowledged the deplorable conditions, stating that the food provided to the detainees was unfit for rats.
“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.
However, Justice Ekwo emphasized that the applicants have made a credible case, and it is the statutory duty of the Ministry of Foreign Affairs and NIDCOM to intervene on behalf of Nigerian citizens abroad. The court found that the respondents cannot argue their way out of their responsibilities and must perform their duties to protect the rights and welfare of the detained Nigerians.
On final judgment of 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.
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Jerome Kalu
Jerome Kalu is currently the Senior Correspondent of PIJAlance in Lagos. He was previously the Campus Information Desk (CID) Editor.