The Federal High Court, Abuja, has adjourned a suit alleging that the Ethiopian government lacks budgetary allocation to cater for the feeding and welfare of detained Nigerians.
The suit, marked FHC/ABJ/CS/303/2024, was filed by a Lagos-based businessman, Mmaduagwu Sunday, and two others, against the Nigeria in Diaspora Commission (NIDCOM), Ministry of Foreign Affairs, the House of Representatives and others.
The applicant, who stated he sued on behalf of the Nigerians imprisoned and detained in Kaliti, Ethiopian prison, alleged that many of them are dying and suffering.
He said the Nigerian inmates were informed by Ethiopian prison officials that their government had asked the Nigerian embassy to come and take them back to Nigeria as “they have no budget to feed them.”
The Nigerian inmates “have no money, no food, no firewood and no medicine,” the suit alleged.
In the suit seen by Nairametrics, the applicant claimed the detainees have all along cried out to the Nigerian embassy in Ethiopia, noting that the diplomatic office allegedly came to witness the removal of the dead among them but is not making efforts to return them back to Nigeria.
He added,
- “That the actions and inactions of the Respondents violates the Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples Rights, United Nations Universal Declaration of Human Rights, Convention against Torture and other cruel, inhuman or degrading treatment or punishment, Body of Principles for Protection of All Persons under any Form of Detention or Imprisonment, Basic principles for the Treatment of prisoners and standard Minimum Rules for the Treatment of Prisoners.
- “That the worst was some young Nigerians who were on transit with visa are reported to have been arrested, dispossessed of their money and valuable properties and two false witnesses subpoenaed to testify against them in a language they don’t hear without the benefit of an interpreter.”
He asked the court to compel the Federal Government to return the detained Nigerians.
He sought the following declarations,
- “A DECLARATION OF THE HONORABLE COURT that the fundamental Rights of the Applicants as provided by sections 33, 34, 35, of the Constitution of the Federal Republic of Nigeria, Articles 2, 3, 5, 6, CAT- Article 4(1), (15) Article 16, UNUDHR. Articles 3, 5, 6, 25 (1) & (2) BPT- General Assembly Resolution 45/11 of 14 Dec 1990 has been violated by the 1″-4” Respondents.
- “AN ORDER OF MANDAMUS compelling the 1 & 2 Respondents to receive and return back Nigerians imprisoned, detained in Kaliti Ethiopia prisons consequent upon the decision and declaration of Ethiopian Government’s 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 Nigeria.”
What transpired in court
When the matter was called on Friday, the applicant’s counsel, Nicodemus Okoye, told Justice Inyang Ekwo that none of the respondents had filed a response to his suit.
An Assistant Chief State Counsel to the Attorney General of the Federation (fifth defendant), Olayinka Akale, confirmed she was yet to file her response.
The judge warned the AGF counsel that if she files and serves any process on the next day of hearing, he will penalize her.
- “Case adjourned to May 13,2024 for hearing. Hearing notices to be issued to the defendants,” Ekwo ruled.
More insights
- It has been widely reported that over 200 Nigerians are languishing in Ethiopian prison, some serving prison terms, while others are detained.
- The suit alleges the Federal Government is not doing the needful to take care of its citizens.
- But NIDCOM had, in 2023, said several Nigerians were languishing in Ethiopian prisons for drug trafficking offences.
