The Lagos State Government says it is prepared to meet the Onitsha
deportees, which sued it N1 billion in court whenever the time comes.
Seven of the deportees had sued the Lagos State Government, its
Attorney General and the Commissioner of Police on behalf of other
deportees N1 billion claiming they were illegally deported.
The Attorney General and Commissioner for Justice, Ade Ipaye said
government was not moved by the suit and that it would respond to it
appropriately.
He added that the state government had already been served court
papers, saying that government would meet the aggrieved deportees in
court.
On whether he thought the suit was politically motivated, Ipaye said
it could be and might not be but that government was ready for action
against the deportees in court.
The case will come up at the Federal High Court sitting in Lagos under Justice Anumogobia on 29 January, 2014.
African Examiner, recalled that Lagos State Government had on July
24th 2013, deported a total of 76 people alleged to be destitute from
Lagos to the commercial city of Onitsha, Anambra state.
The suit was filed by seven of the deportees, namely, Joseph
Aniebonam, Osondu Mbuto, Osondu Agwu, Nnenna Ogbonna, Emily Okoroariri,
Friday Ndukwe and Onyeka Ugwu as the applicants, on behalf of others,
while the Attorney-General of Lagos State and the Commissioner of
Police, Lagos State are the respondents.
It 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.
They (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, saying such action was
illegal, null, void and unlawful.
The victims 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 injunction 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 victims, 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.
Our correspondent reports that the deportation exercise, attracted
sharp criticism from various quarters of Nigeria when it was carried
out, and Governor Fashola has since apologized for the deportation, an
apology many believed was hurriedly done due to Anambra state
governorship polls in which the deportation exercise may seriously
affect the APC candidate.
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