Justice Inyang Ekwo of the Federal High Court, Abuja, on Tuesday, ordered the Ministry of Foreign Affair and the Nigerians in Diaspora Commission (NIDCOM) to bring back home at least 270 Nigerians currently imprisoned or detained in Kaliti Prison, Ethiopia.
The judge the order in a suit filed by the trio of Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor.
They listed NIDCOM, the Foreign Ministry, the Senate, the House of Representatives, the Federal Republic of Nigeria, and the Attorney-General of the Federation as respondents in the originating motion on notice filed on behalf of Nigerians imprisoned in Ethiopia.
The motion was brought under Order II, Rules 1, 2 & 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (hereinafter referred to as FREPR 2009) and Sections 6 (6), 34 (1), 35 (1), (4), and (6), 36 and 46 of the 1999 Constitution (as amended).
Also cited in the suit were Articles 4, 5, and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, LFN 2004 (hereinafter referred to as ACHPRRE Act 2004) and under the inherent jurisdiction of this court.
The plaintiffs sought an order compelling the respondents to receive and return Nigerians imprisoned in the Ethiopian prisons consequent upon the decision and declaration of the government of the East African nation that they have no budget for their food, firewood, medicine, and any other form of welfare and on the face of their call for Nigeria to take them back to home,” among other reliefs.
In his ruling, the judge 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 it had no budget to take care of them.
He said: “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.”