Court Declares FG’s Deportation Of Cameroonian Separatist Leader Illegal

The Federal High Court sitting in Abuja, on Thursday, declared
the arrest, detention and deportation of Cameroonian separatist
leader, Dr Egbe Ogork, by the Federal Government in 2018, as
illegal.

The court, in a judgement that was delivered by Justice Ahmed
Mohammed, held that the office of the National Security Adviser,
NSA, acted unconstitutionally when it deported the Applicant who is
one of the separatist leaders in Southern Cameroon, without a court
order.

Aside from declaring the arrest, detention and deportation of
the Applicant null and void, the court awarded a cost of N5million
as general and aggravated damages against the NSA and the Attorney
General of the Federation, who were cited as Respondents in the
suit marked FHC/ABJ/CS/271/2019.

The Applicant who is married to a Nigerian and a Professor of
Engineering at the Bayero University Kano had in a suit he filed
through his lawyer, Mr Femi Falana, SAN, challenged his arrest and
deportation, insisting that it amounted to gross violation of his
fundamental human rights.

In a supporting affidavit that was deposed to by Mr Marshal
Abubakar, the Applicant said he was billed to attend a meeting at
Nera Hotels in Abuja on January 7, 2018, when he was apprehended
and subsequently deported to Cameroon on Friday, January 26, 2018,
by the NSA without an order of the court.

The Applicant told the court that he is a Nigerian citizen by
naturalization, Cameroonian by birth and has been lecturing at the
Bayero University for over two decades.

Consequently, among other reliefs, he prayed the court for: “A
declaration that the arrest and detention of the Applicant from
January 7, 2018, till Friday January 26, 2018, without being
charged to court for a known offence is Illegal and
unconstitutional as it violates the Applicant’s fundamental rights
to personal liberty, dignity of person and fair hearing as
enshrined in sections 34, 35 and 36 of the Constitution of the
Federal Republic of Nigeria, I999 (as amended) and Articles 5, 6
and 7 of the African Charter on Human and Peoples‘ Rights
(Ratification and Enforcement) Act (CAP A10) Laws of the Federation
of Nigeria, 2004.

“A Declaration that the detention of the Applicant from January
7, 2018 till Friday January 26, 2018, by the 1st Respondent without
granting him access to his family, lawyers, medical doctors, is
illegal and unconstitutional as it violates the Applicant’s
fundamental rights to private and family life, legal representative
and health as enshrined in Section 35 of the Constitution of the
Federal Republic of Nigeria, I999 (as amended) and Article 16 of
the African Charter on Human and Peoples’ Rights (Ratification and
Enforcement) Act (CAP A10) Laws of the Federation of Nigeria,
2004.

“A declaration that the deportation of the applicant from
Nigeria to Cameroon by the Respondents on Friday, January 26, 2018
is illegal and unconstitutional as it violates the Applicant’s
fundamental rights to personal liberty guaranteed by section 35 of
the Constitution of the Federal Republic of Nigeria 1999 (as
amended) and Article 6 and 12 of the African Charter on Human and
Peoples‘ Rights (Ratification and Enforcement) Act (CAP A10) Laws
of the Federation of Nigeria, 2004”.

An order directing the Respondents to bring the Applicant back
to Nigeria forthwith, as well as an order directing the Respondents
to pay N1billion as general and aggravated damages for his illegal
detention from Nigeria.

More so, the Applicant, through his lawyer prayed the court to
restore his permanent residence status in Nigeria.

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