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Appeal Court dismisses CBN’s appeal against N63.7m, $10,000 awards

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The Court of Appeal in Abuja has dismissed an appeal by the Central Bank of Nigeria (CBN) seeking to block the payment of N63.7million and $10000 awarded against the Federal Government, in favour of a German, Martin Gegenheimer, for his unlawful arrest and detention by men of the Nigerian Immigration Service (NIS).

A three-member panel of the appellate court held, in a unanimous judgment on May 23 (last Friday), that the appeal by the CBN was devoid of any scintilla of merit.

In the lead judgment, Justice Hamman Barka resolved the two issues identified for determination, against the CBN and in favour of the first respondent, Gegenheimer.

The Appeal Court proceeded to affirm the February 22, 2024 ruling by Justice Inyang Ekwo of the Federal High Court, Abuja, ordering the CBN to pay Gegenheimer the N63.7m and $10000 awarded against the Nigerian government in a 2021 judgment by the Court of Justice of the Economic Community of West African States (ECOWAS).

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The appellate court, in the judgment on the appeal marked: CA/ABJ/CV/434/2024, also awarded N300,000 cost against the appellant (the CBN), in favour of Gegenheimer, for filing an unmeritorious appeal.

Justice Ekwo had, in the February 22, 2024, ruling, ordered the CBN to deduct the N63.7m and $10000 from the FG’s funds in its custody to settle the debt that arose from a 2021 judgment given against Nigeria by the ECOWAS Court.

Justice Ekwo rejected CBN’s claim that the Federal Government’s foreign exchange accounts were currently in deficit, making it impossible to pay the entire judgment sum.

The ruling was on a garnishee proceeding, marked: FHC/ABJ/NJR/M/3/2022, filed and prosecuted for Gegenheimer by his lawyer, Daniel Makolo, to enforce the judgment of the ECOWAS Court delivered on March 4, 2021.

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Justice Ekwo agreed with Makolo that, as against the contention by the CBN, the ECOWAS Court’s judgments do not qualify as a foreign judgment in the strict sense of it and could be enforced by Nigerian courts.

The German, who said he visited Nigeria on a business trip, stated that while returning to Kenya on 23rd February 2020, he was stopped by men of the Nigerian Immigration Service (NIS) at the boarding gate of the Kenya Airways aircraft after all necessary departure formalities were completed.

He said the NIS officials arrested him, seized his passport and detained him in a jam-packed detention cell between February 23, 2020, and March 4, 2020, despite the COVID protocol and without acceptable food as well as medical care.

He subsequently challenged his arrest and detention before the ECOWAS Court, in a suit marked ECW/CCJ/APP/23/2020.

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In the March 4, 2021, judgment, a three-member panel of the sub-regional court, presided over by the court’s president, Justice Edward Amoako Asante, declared Gegenheimer’s arrest and detention illegal.

They ordered the Nigerian government to pay him N53,650,925 as special damages for various losses suffered and costs incurred while under unlawful arrest and detention by the NIS.

The costs, the court said, relate mainly to hotel expenses incurred by the Germans while under forced detention by agents of the Nigerian government.

The court further ordered the Nigerian government to pay him another N10m in general damages as reparation for all violations and moral prejudice suffered for violating his rights, and an additional $10,000 was the expenditure incurred by the applicant to secure his bail.

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The ECOWAS Court equally ordered the Nigerian government to remove the German from its watch list and to immediately and unconditionally release his German passport, which was “arbitrarily and unlawfully” seized by agents of the Nigerian government.

Meanwhile, a Federal High Court in Abuja has dismissed a charge of forgery brought against Gegenheimer by the NIS in the name of the Federal Republic of Nigeria.

The NIS, in the charge marked: FHC/ABJ/CR/152/2020, accused the German of, among others, forging a Nigerian international passport.

In a ruling, Justice Evelyn Maha upheld the no-case submission made by Gegenheimer (through his lawyer, Makolo) and held that the prosecution failed to produce relevant evidence to support its allegations against the defendant.

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Justice Maha further held that the prosecution, having failed to make out a prima facie case against the defendant and failed to link him with the alleged offences, there was no basis to call on him to enter a defence.

She proceeded to dismiss the charge and then discharged and acquitted Gegenheimer.

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Just in: Trump plans visa restrictions on Nigerians, others

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United States President Donald Trump is considering imposing a travel ban on Nigeria and a host of other countries, mostly from Africa.

The affected countries are expected to meet new requirements laid down by the State Department within 60 days.

“The new list includes Angola, Benin, Burkina Faso, Cabo Verde, Cameroon, Côte d’Ivoire, Democratic Republic of the Congo, Djibouti, Ethiopia, Egypt, Gabon, Gambia, Ghana, Liberia, Malawi, Mauritania, Niger, Nigeria, São Tomé and Príncipe, Senegal, South Sudan, Tanzania, Uganda, Zambia, and Zimbabwe.

“The memo identified varied benchmarks that, in the administration’s estimation, these countries were failing to meet.

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Some countries had “no competent or cooperative central government authority to produce reliable identity documents or other civil documents,” or they suffered from widespread government fraud.”

Others are Antigua and Barbuda, Dominica, Saint Kitts and Nevis, Saint Lucia, Bhutan, Cambodia, Kyrgyzstan, Syria, Tonga, Tuvalu, and Vanuatu.

The countries on the new list are also expected to submit to the State Department, on Wednesday, an initial plan of action to meet the new requirements.

In March, Trump had considered imposing a travel ban on 43 countries, while Nigeria was not on the list.

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The 43 countries were divided into three groups: red, orange, and yellow.
The red group consists of 11 countries whose nationals would be barred from entering the US.

The orange group comprises 10 countries whose visas would be sharply restricted.

The countries under yellow were given 60 days to address concerns.

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BREAKING! 3 days after, another helicopter crashes in India, killing all crew and passengers(Photos)

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Sad! Three days after the devastating Air India Crash in Ahmedabad, a Bell 407 helicopter has crashed in Gaurikund, Uttarakhand, early Sunday morning, killing all seven people on board, including the pilot.

The accident occurred at around 5:30 AM in a remote area of the Himalayan state. According to Indian media reports, the aircraft was carrying five adult passengers, one infant, and the pilot when it went down.

Authorities have not yet confirmed the cause of the crash, but rescue teams have been dispatched to the site for recovery operations. The identities of the victims have not been released pending notification of their families.

Uttarakhand, a region with challenging terrain, has seen previous aviation incidents due to unpredictable weather and difficult landing conditions. Investigations into the crash are ongoing.

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Iran-bound businessman nabbed at PH airport for ingesting 53 wraps of cocaine

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. As NDLEA recovers tramadol consignments in winter jackets going to Europe at Lagos airport; intercepts N1.1billion opioids in Rivers; 2,687kg skunk in Cross River

Barely two weeks after operatives of the National Drug Enforcement Agency (NDLEA) at the Mallam Aminu Kano International Airport (MAKIA) Kano, intercepted a 60-year-old businessman Chinedu Leonard Okigbo heading to Iran with 65 pellets of cocaine in his stomach, their counterparts at the Port Harcourt International Airport (PHIA) have arrested another businessman, 44-year-old Ezemokwe Chukwuebuka Christian for ingesting 53 wraps of the same class A drug while on his way to Tehran Khomeini, Islamic Republic of Iran.
Ezemokwe was arrested at the Port Harcourt airport on Saturday 7th June while trying to board Qatar Airways flight QR1434 flying to Tehran Khomeini in Iran via Doha. After a body scan proved positive to ingestion of illicit drug, he was placed on excretion observation during which he expelled 53 wraps of cocaine in six excretions with a total weight of 1.172kg. The suspect claimed to have gone into the criminal trade two years ago, moving between the West African sub-region and Iran.

Similarly, NDLEA operatives at the Murtala Muhammed International Airport (MMIA) Ikeja Lagos in the early hours of Saturday 14th June intercepted an Italy bound passenger Edobor Ambrose Ali on an Air France flight. The NDLEA officers in collaboration with the Aviation Security of the Federal Airports Authority of Nigeria (FAAN), discovered drug consignments hidden in the luggage of the suspect during baggage scanning at the tarmac.

The suspect was thereafter brought down from the aircraft for baggage identification after which a thorough search of the bag led to the discovery of 14, 410 pills of tramadol 225mg and 200mg concealed in winter jackets. In his statement, Ebodor said he lives in Italy where he was hired and sent on the all expense paid trip to Nigeria to courier the drug consignments to Milan, Italy for a fee of 2000 Euros.
At the Port Harcourt Ports in Onne, Rivers state, NDLEA operatives on Friday 13th June intercepted a shipment of 157,800 bottles of codeine-based syrup worth over N1.1 billion naira in street value, during a joint examination of a watch-listed container with men of Customs Service and other security agencies. The opioid consignments were hidden behind 257 cartons of ceramic sanitary wares.
At least, three suspects: Friday Achibong Joseph, 47; Abraham Anthony Willy, 21; and Utibe David Okon, 24, were arrested on Thursday 12th June when NDLEA operatives raided a warehouse in Obereakai, Odukpani LGA, Cross River state, where a total of 2,687kg skunk, a strain of cannabis, was recovered. Same day in Bauchi state, NDLEA officers acting on credible intelligence, arrested the duo of Iriemi Imonikhe, 49, and Sa’idu Ladan, 30, along Bauchi -Jos road after 195 blocks of skunk weighing 287kg were discovered in their Toyota Camry car marked AKL 201 GG.
While 14 jumbo sacks of skunk weighing 560kg were recovered from a wooden boat at Oniru beach in Lagos by operatives of the Marine Command of NDLEA on Thursday 12th June, officers of the Muhammadu Buhari International Airport Maiduguri (MBIAM) same day arrested two businessmen: Ishaku Abdullahi, 30; and Buba Usman, 32, at the arrival hall of the domestic wing of the airport with various quantities of ecstacy pills and skunk packaged in fanciful wraps labelled as ‘Lychee’ and ‘Porro Legal’
The War Against Drug Abuse, WADA, social advocacy activities by NDLEA Commands equally continued across the country in the past week. Some of them include: WADA sensitization lecture delivered to students and staff of Command Secondary School, Orba, Uden LGA, Enugu; Divine Gift International School, Abakaliki, Ebonyi; Baptist Primary School, Ago-Are, Oyo; and St. Vincent Secondary School, Oti-Oron Okobo, Akwa Ibom state, among others.
While commending the officers and men of MMIA, PHIA, MBIAM, PHPC, Marine, Cross River, and Bauchi Commands of the Agency for the arrests and seizures of the past week, Chairman/Chief Executive Officer of NDLEA, Brig. Gen. Mohamed Buba Marwa (Rtd) praised their compatriots in all the commands across the country for pursuing a fair balance between their drug supply reduction and drug demand reduction efforts.

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