Odili's Suit Stalled Over Nigeria Immigration Service's Failure To Appear In Court

The enforcement of fundamental rights suit filed by former Rivers’ Governor, Peter Odili, against the Nigeria Immigration Service (NIS) was on Tuesday, stalled at the Federal High Court, Abuja due to the non-appearance of NIS in court.

When the matter was called, Odili’s counsel, Ifedayo Adedipe, told the court that the matter was a fundamental rights enforcement suit and that he was ready to proceed with the motion.

There was, however, no counsel representing the NIS in court.

The trial judge, Justice Inyang Ekwo, held that since the matter was coming before him for the first time, it was in the interest of justice to give the NIS an opportunity to be present in court.

“This matter is coming before the court for the first time, parties have exchanged pleadings and joined issues, but as the matter came up, the respondents are absent and not represented by a counsel.

“It will be good to give them an opportunity to respond.

“The matter is adjourned at the instance of the respondents and on the next adjourned date, the process of any party absent in court will be deemed as adopted,” the judge said.

He adjourned the matter until October 5 and ordered that hearing notices be issued to the parties.

The News Agency of Nigeria (NAN) recalls that the NIS had earlier told the court that the former governor was placed on the watch list of the Economic and Financial Crimes Commission, (EFCC).

The NIS was responding to a suit marked: FHC/ABJ/CS/965/2021, filed by Odili, in which he queried the seizure of his passport by officials of the Service.

In a counter-affidavit filed by its lawyer, Jimoh Adamu, the NIS justified the seizure of Odili’s passport and faulted his claims in the suit.

“The applicant’s passport was seized because he is on the service’s (NIS’) watch list as requested by the Economic and Financial Crime Commission (EFCC),” Adamu said.

Giving details of how his passport was seized in his supporting affidavit, the former governor said: “In the early hours of Sunday, June 20,  at about 5 am, I returned to Nigeria from the United Kingdom where I had gone for my medicals, through the Nnamdi Azikiwe International Airport, Abuja.

“My travel documents, including my Nigerian passport No: B50031305, were checked and given back to me by the immigration officials.

“However, while waiting for my luggage, an official of the immigration service came over to me and demanded my aforesaid passport.

“I demanded to know why he wanted it and he stated that it was for a routine check and that it will be given back to me the following day.

“No official explanation, other than the conversation, was given to me. I gave him the passport and up till now, the same has not been returned to me.

“The seizure of my passport by the respondents has denied me movements in and out of Nigeria, thereby restricting my movement in violation of my constitutional right to freedom of movement.

“I know as a fact that I am a very senior citizen of Nigeria, law-abiding and I have done nothing to have warranted the seizure of my passport by the respondent”, Odili averred.

Odili prayed the court to compel the respondents to release the passport to him and sought a perpetual injunction restraining the respondents from further harassing, embarrassing, intimidating, or interfering with his fundamental right to freedom of movement.

The former governor also demanded a written apology from the NIS.