ECOWAS Court Awards N63, 650,925 And USD $10,000 Compensation Against Nigerian Govt. For Unlawful Arrest And Detention Of German

The Court of Justice of the Economic Community of West African
States (ECOWAS) on Thursday 4th March, 2021 in Abuja ordered the
Federal Republic of Nigeria to pay the sum of N 53, 650,925(fifty
three million, six hundred and fifty thousand, nine hundred and
twenty five naira) to a German national, Mr. Martin Gegenheimer, as
special damages for various losses suffered and costs incurred
while under unlawful arrest and detention by the Nigerian
Immigration Service.

The cost relate mainly to hotel expenses incurred by the German
while under forced detention by the government.

Delivering judgment in a suit filed by the German, a panel of
three judges headed by Hon. Justice Edward Amoako Asante also
ordered the government to pay another 10 million naira in general
damages as reparation for all violations and moral prejudice
suffered for the violation of his rights as well as another 10,000
dollars being the expenditure incurred by the applicant to secure
his bail.

The Court also ordered the ‘immediate and unconditional release’
of his German passport which was ‘arbitrarily and unlawfully,’
seized by the government as well as his removal from the
government’s watch list.

The Court however ruled that it found no evidence of the
violation of the plaintiff’s right to freedom from torture.

In suit no: ECW/CCJ/APP/23/20 Mr. Gegenheimer, who is married to
a Nigerian citizen but based in Nairobi, Kenya through his Counsel,
Mr Festus A. Ogwuche sought the enforcement of his fundamental
human rights along with those of his children arising from his
wrongful arrest and unlawful detention as well as the seizure of
his German Passport.

The Applicants, which also included SAT Swiss Aviation Nigeria
Ltd, the company at whose invitation he visited Nigeria, are
contending that the German legally entered the country for business
purposes, but was wrongfully arrested and detained while on his way
back to Kenya resulting in the violation of his rights to fair
hearing, freedom of movement and dignity of his human person.

The first Applicant, who is a professional aviator with
specialization in commercial airline start up, said he had lived in
and outside Nigeria and carries on business in Nigeria, Kenya and
Africa at large since 1990 and was requested to come to Nigeria for
business negotiations so he obtained the necessary approvals for
visa on arrival to legally enter Nigeria.

The first applicant averred that he arrived at Murtala Muhammed
International Airport (MMIA) Ikeja, Lagos via Kenya airways flight
number KQ 532 on 9th of February 2020 and was officially issued
with a one month Business visa number E0014938 at the visa on
arrival counter by the officials of the Nigerian Immigration
Service.

He further averred that while returning to his home base in
Kenya on 23rd February 2020, he was stopped at the boarding gate of
the Kenya Airways aircraft after all necessary departure
formalities were completed, arrested, his passport seized and
detained in a jam-packed detention cell between 23rd February, 2020
and 4th March, 2020 despite the Covid protocol and without
acceptable food as well as medical care.

The Applicant alleged that he was not informed about any
justifying circumstances recognized by law, and neither was a
warrant of arrest nor court order produced as the basis for his
arrest and detention. Moreover, he alleged that he was not afforded
the opportunity of fair hearing before any lawful authority or
competent court.

It was not until the 4th of March, 2020, he said, that an
administrative bail was secured for him in the face of the pending
lockdown in Abuja due to the Covid-19 pandemic, under very
stringent condition which included periodic reporting at the
detention centre while his German passport was retained in the
explicit custody of the Comptroller General of Nigeria Immigration
Service.

The Applicant contend that the retention of his passport had the
effect of keeping him in perpetual detention in Nigeria as he could
neither continue his business nor return to his family in Kenya,
adding that he was not told of the nature of the allegations
against him nor charged for any offense.

He averred that he had to rely on the services of a professional
Immigration Consultant to secure his release and after spending
over twenty thousand United States Dollars [$20 000.00] in
employing different lawyers but has since then been confined to
Abuja where he had been staying in a hotel.

But the Respondents through their Counsel Mallam J.A, Adamu
raised a preliminary objection arguing that since the first
Applicant is a German Citizen, he lacked the capacity to bring the
action not being a citizen of West Africa.

The Respondent contended that the first applicant was detained
for presenting a standard Nigerian passport bearing his photograph
and other details but which when scanned, revealed the name,
passport photo and detail of one Tanimu Aisha, a female Nigerian
citizen.

The Respondent denied the Applicant’s claim of poor treatment at
the Screening Centre, where he was first held but said he was
instead well catered for and provided with food and all basic
comforts during his stay and also denied all other sundry
allegations of violation of the Applicant’s rights.

The Respondent contended that after conclusion of investigation,
a charge was filed against Mr. Gegenheimer at the Federal High
Court, Abuja Judicial Division, and CHARGE NUMBER
FHC/ABJ/CR/152/2020 – FEDERAL REPUBLIC OF NIGERIA v. MARTIN
GEGENHEIMER which is being processed for a hearing date.

The court had earlier ruled that it had jurisdiction to hear the
case as the violation occurred in a Member State and nonsuited the
wife and children of the plaintiff as well as SAT Swiss Aviation
Nigeria Ltd as plaintiffs in the suit. It also nonsuited the
Nigerian Immigration Service as an improper party in the suit.

In the 48-paged judgment, the Court also dismissed all the
claims of the Respondent.

Also on the panel were Justices Dupe Atoki and Januaria
Costa.

The Court of Justice of the Economic Community of West African
States (ECOWAS) on Thursday 4th March, 2021 in Abuja ordered the
Federal Republic of Nigeria to pay the sum of N 53, 650,925(fifty
three million, six hundred and fifty thousand, nine hundred and
twenty five naira) to a German national, Mr. Martin Gegenheimer, as
special damages for various losses suffered and costs incurred
while under unlawful arrest and detention by the Nigerian
Immigration Service.

The cost relate mainly to hotel expenses incurred by the German
while under forced detention by the government.

Delivering judgment in a suit filed by the German, a panel of
three judges headed by Hon. Justice Edward Amoako Asante also
ordered the government to pay another 10 million naira in general
damages as reparation for all violations and moral prejudice
suffered for the violation of his rights as well as another 10,000
dollars being the expenditure incurred by the applicant to secure
his bail.

The Court also ordered the ‘immediate and unconditional release’
of his German passport which was ‘arbitrarily and unlawfully,’
seized by the government as well as his removal from the
government’s watch list.

The Court however ruled that it found no evidence of the
violation of the plaintiff’s right to freedom from torture.

In suit no: ECW/CCJ/APP/23/20 Mr. Gegenheimer, who is married to
a Nigerian citizen but based in Nairobi, Kenya through his Counsel,
Mr Festus A. Ogwuche sought the enforcement of his fundamental
human rights along with those of his children arising from his
wrongful arrest and unlawful detention as well as the seizure of
his German Passport.

The Applicants, which also included SAT Swiss Aviation Nigeria
Ltd, the company at whose invitation he visited Nigeria, are
contending that the German legally entered the country for business
purposes, but was wrongfully arrested and detained while on his way
back to Kenya resulting in the violation of his rights to fair
hearing, freedom of movement and dignity of his human person.

The first Applicant, who is a professional aviator with
specialization in commercial airline start up, said he had lived in
and outside Nigeria and carries on business in Nigeria, Kenya and
Africa at large since 1990 and was requested to come to Nigeria for
business negotiations so he obtained the necessary approvals for
visa on arrival to legally enter Nigeria.

The first applicant averred that he arrived at Murtala Muhammed
International Airport (MMIA) Ikeja, Lagos via Kenya airways flight
number KQ 532 on 9th of February 2020 and was officially issued
with a one month Business visa number E0014938 at the visa on
arrival counter by the officials of the Nigerian Immigration
Service.

He further averred that while returning to his home base in
Kenya on 23rd February 2020, he was stopped at the boarding gate of
the Kenya Airways aircraft after all necessary departure
formalities were completed, arrested, his passport seized and
detained in a jam-packed detention cell between 23rd February, 2020
and 4th March, 2020 despite the Covid protocol and without
acceptable food as well as medical care.

The Applicant alleged that he was not informed about any
justifying circumstances recognized by law, and neither was a
warrant of arrest nor court order produced as the basis for his
arrest and detention. Moreover, he alleged that he was not afforded
the opportunity of fair hearing before any lawful authority or
competent court.

It was not until the 4th of March, 2020, he said, that an
administrative bail was secured for him in the face of the pending
lockdown in Abuja due to the Covid-19 pandemic, under very
stringent condition which included periodic reporting at the
detention centre while his German passport was retained in the
explicit custody of the Comptroller General of Nigeria Immigration
Service.

The Applicant contend that the retention of his passport had the
effect of keeping him in perpetual detention in Nigeria as he could
neither continue his business nor return to his family in Kenya,
adding that he was not told of the nature of the allegations
against him nor charged for any offense.

He averred that he had to rely on the services of a professional
Immigration Consultant to secure his release and after spending
over twenty thousand United States Dollars [$20 000.00] in
employing different lawyers but has since then been confined to
Abuja where he had been staying in a hotel.

But the Respondents through their Counsel Mallam J.A, Adamu
raised a preliminary objection arguing that since the first
Applicant is a German Citizen, he lacked the capacity to bring the
action not being a citizen of West Africa.

The Respondent contended that the first applicant was detained
for presenting a standard Nigerian passport bearing his photograph
and other details but which when scanned, revealed the name,
passport photo and detail of one Tanimu Aisha, a female Nigerian
citizen.

The Respondent denied the Applicant’s claim of poor treatment at
the Screening Centre, where he was first held but said he was
instead well catered for and provided with food and all basic
comforts during his stay and also denied all other sundry
allegations of violation of the Applicant’s rights.

The Respondent contended that after conclusion of investigation,
a charge was filed against Mr. Gegenheimer at the Federal High
Court, Abuja Judicial Division, and CHARGE NUMBER
FHC/ABJ/CR/152/2020 – FEDERAL REPUBLIC OF NIGERIA v. MARTIN
GEGENHEIMER which is being processed for a hearing date.

The court had earlier ruled that it had jurisdiction to hear the
case as the violation occurred in a Member State and nonsuited the
wife and children of the plaintiff as well as SAT Swiss Aviation
Nigeria Ltd as plaintiffs in the suit. It also nonsuited the
Nigerian Immigration Service as an improper party in the suit.

In the 48-paged judgment, the Court also dismissed all the
claims of the Respondent.

Also on the panel were Justices Dupe Atoki and Januaria
Costa.