In its bid to stop the deportation of its 102 expatriate staff out of the country, Intels Nigeria Limited has dragged the Comptroller-General of Nigeria Immigration Service, NIS, Mr. Muhammed Babandede, before the Federal High Court in Abuja.
In the suit marked FHC/ABJ/CS/1180/2017, Intels otherwise known as the plaintiff told the court that the Immigration boss acted “unreasonably” when he issued a press release on November 15, revoking Residence/Work Permits of its expatriate staff, and further threatened to ensure that they were deported from Nigeria.
Represented by its team of lawyers, led by Mr. Adeniyi Adegbonmire, SAN, Intels further stressed that revocation was premised upon a purported withdrawal of its operational license by the Oil and Gas Free Zone Authority.
Intels said that the NIS boss otherwise known as the defendant, had threatened to recommend to the Minister of Interior that its expatriates be deported any day from November 30.
The company added that it will suffer untold hardship and irreparable injury to its business in the event that the NIS is not restrained in the manner sought in this application.
Intels Prayer to the court
- A declaration that the action/decision of the Respondent in revoking or purpotedly revoking the Residence/Work Permits of the underlisted persons, all of which are Expatriate Staff of the Applicant, and consequently directing that the said persons do leave the territory of the Federal Republic of Nigeria not later than the 30th day of November, 2017, or face deportation is unlawful, unconstitutional, wrong and void ab initio.
- A declaration that the Respondent acted ultra vires when he proceeded to issue or authorize/directed the issuance of a Press Release dated 15th day of November, 2017 with reference No. NIS/HQ/PRU/267/V.1 to the effect that the Residence/Work Permits of the persons listed above, all of whom are Expatriate Staff of the Applicant, stand revoked and further issuing a directive that the said persons shall leave the territory of the Federal Republic of Nigeria on or before the 30th day of November, 2017, without first giving the Applicant or the said persons the oppurtunity to be heard.
- A declaration that the failure of the Respondent to communicate with the Applicant or to formerly notify the Applicant of his decision as hereinbefore stated, prior to the revocation or purported revocation of the Residence/Work Permits of the afore-mentioned staff of the Applicant is unlawful and wrong.
- An order of certiorari quashing the decision of the Respondent, as conveyed in the Nigeria Immigration Service Press Release dated 15th Novemver, 2017 with reference
- An order of certiorari quashing the Respondent’s decision to revoke the Residence/Work Permits of the Expatriate Staff of the Applicant as hereinbefore listed, on the grounds that the decision offends against the constitutionally guaranteed right to fair hearing of the Applicant.
- An order of perpetual injunction restraining the Respondent either acting by himself or through officers of the Nigeria Immigration Service, his agents, servants or privies or any other body howsoever otherwise described from instigating, recommending and/or directing the deportation of the Expatriate Staff of the Applicant as listed above, or taking any steps in furtherance of the decision of the Respondent as contained in the Press Release of the NIS with reference No. NIS/HQ/PRU/267/V.1, dated 15th Novemver, 2017.
- An order of interim injunction restraining the Respondent either acting by himself or through officers of the Nigeria Immigration Service, his agents, servants or privies or any other body howsoever otherwise described from further interfering with, in whatever manner, or disturbing the lawful resident/work status granted the Expatriate Staff of the Applicant as hereinbefore listed, pending the hearing and determination of the Motion on Notice dated 24th November, 2017 and filed alongside this application”. Alternatively, the plaintiff prayed the court for.
- An order of mandatory injunction compelling the Respondent to immediately reverse the revocation of the Residence/Work Permits of the Expatriate Staff of the Applicant as hereinbefore listed and to immediately restore/reissue to the said persons, their Residence/Work Permits.
- And finally, “An order of interim injunction restraining the Respondent, whether acting by himself or through officers of the Nigeria Immigration Service, his agents, or any other persons howsoever described from taking any steps towards the deportation of the Expatriate Staff of the Applicant as hereinbefore listed, or in any way or manner, disturbing, harassing and/or issuing directives/directions in respect of the said persons which may in any way or form, prevent or disturb the said persons from the discharge of their duties or contractual obligations to the Applicant and in any way or manner disturbing or inhibiting the free movement of the said persons within the territory of the Federal Republic of Nigeria, pending the hearing and determination of the Motion on Notice dated the 24th of November, 2017 and filed alongside this application.
Hearing of the matter was stalled on Monday because legal representative of the NIS boss was absent in court.
The case was presided over by Justice Ahmed Mohammed.
