By Francesca Hangeior
Justice Inyang Ekwo of the Federal High Court in Abuja has directed the Ministry of Foreign Affairs and the Nigerians in Diaspora Commission (NiDCOM) to repatriate at least 270 Nigerians who are currently incarcerated or held in detention at Kaliti Prison in Ethiopia.
Justice Inyang Ekwo in a ruling issued a mandamus order directing the Ministry of Foreign Affairs and NiDCOM to facilitate the repatriation of the imprisoned Nigerians, following the Ethiopian government’s declaration that it lacked the budget to care for them.
Justice Ekwo stated, “I am satisfied that the applicants have made a compelling case, justifying the court’s decision to issue an Order of Mandamus to compel the 1st and 2nd respondents to perform their statutory responsibilities, and I hereby so declare.”
On Sunday, November 17, Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor—filed the originating motion on notice. They sued NIDCOM, the Ministry of Foreign Affairs, the Senate, the House of Representatives, the Federal Republic of Nigeria, and the Attorney-General of the Federation (AGF), who were named as the 1st to 6th respondents, on behalf of Nigerians detained in Ethiopian prisons.
The motion was filed in accordance with Order II, Rules 1, 2, and 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009), as well as Sections 6(6), 34(1), 35(1), (4), and (6), 36, and 46 of the 1999 Constitution (as amended).
The suit also referenced Articles 4, 5, and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, LFN 2004 (ACHPRRE Act 2004), and invoked the inherent jurisdiction of the court.
The applicants sought a declaration that their fundamental rights, as guaranteed by Sections 33, 34, and 35 of the 1999 Constitution, as well as Articles 2, 3, 5, and 6 of the CAT, Articles 4(1) & (15) and Article 16 of the UNUDHR, and Articles 3, 5, 6, and 25(1) & (2) of the BPT (General Assembly Resolution 45/11 of 14 December 1990), had been violated by the 1st to 4th respondents.
Additionally, they sought an order compelling the 1st and 2nd respondents to facilitate the repatriation of Nigerians imprisoned and detained at Kaliti Prison in Ethiopia, following the Ethiopian government’s declaration that it lacked the budget for their food, firewood, medicine, and other welfare needs, and in light of Ethiopia’s request for Nigeria to take them back.
In the affidavit accompanying the motion, Mmaduagwu stated that he is the first cousin of Remigius Anikwe, who is currently incarcerated at Kaliti Prison in Ethiopia.
He said Henry is a brother to Chinedu Michael Anyanwu, who is also detained or imprisoned in Kaliti prison, while Leonard is a relative of Okafor Livinus Edochie, who also is in detention in the same prison.
Mmaduagwu stated that upon visiting the prison to see his cousin, he discovered that over 270 Nigerians were being detained there.
He noted that some of the detainees had not been tried, as they did not understand the local language and were not provided with interpreters.
Mmaduagwu described the conditions in the prison as appalling, with any interaction between Nigerians and the locals resulting in severe beatings, leading to the collapse and death of some detainees.
He also said that several young Nigerians, who were merely in transit with visas, had been arrested, stripped of their money and valuables, and subjected to false testimony by witnesses who were coerced into speaking against them in a foreign language.