The judge also issued an injunction restraining NIS, whether by itself or its officials from further deporting, arresting, detaining or in any other manner infringing on Nwaopara’s fundamental rights.
She also set aside the decision to seize, confiscate and continue to seize and confiscate the applicant’s International Passport No. A06128442 since June 13, 2017, and directed the Service to forthwith release the travel document to him.
The court also ordered the organisation to write to the Kenyan Immigration Service that the applicant was neither a criminal nor being investigated by the Federal Government of Nigeria or any of its agencies.
Justice Bogoro also declared that the arrest of Nwaokpara in Kenya by NIS agents without due process of law, was arbitrary and the refusal to produce him before a Kenyan Court for the purpose of his extradition, was unlawful.
The judge equally declared that the deportation/extraordinary rendition of Nwaokpara from Kenya by the NIS without due process of law was unconstitutional.
She also declared that the continuing confiscation of his passport was unlawful.
Justice Bogoro made the orders and declarations, while delivering judgment in the suit marked FHC/L/CS/895/2022, filed by the applicant through his counsel, Ademola Owolabi, against the NIS Comptroller General.
While the matter lasted, the NIS did not controvert or challenge the applicant’s deposition.
Consequently, the judge, while delivering judgment in the suit, granted all the reliefs sought by the applicant, except in the area of damages, wherein the applicant asked for a total of N12 billion for his unlawful arrest and detention, and special damages, but got awarded N6 million only.
