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Wednesday, 16 October 2013

Lagos Deportees Sue Lagos State Government For Violation Ofd Rights

The 76 destitute persons, who were deported
by the Lagos State Government and dumped on the Upper Iweka Bridge, Onitsha, Anambra
State on July 24, 2013, have dragged the Lagos
State Government to a Federal High Court
sitting in Lagos.

The suit was filed by seven of the deportees:
Nnenna Ogbonna, Joseph Aniebonam, Osondu
Mbuto, Osondu Agwu, Emily Okoroariri, Friday
Ndukwe and Onyeka Ugwu as the applicants,
on behalf of the 76 others, while the Attorney-
General of Lagos State and the Commissioner of Police, Lagos State are the respondents.

In the motion filed by their lawyer, Ugo
Ugwunnadi, the applicants asked the court to
declare that they, as Nigerian citizens were
entitled to the enjoyment of their fundamental
rights as provided for in Sections 34, 35, 36, 37, 40, 41 and 42 of the 1999 constitution, as
amended.
The applicants are also seeking a perpetual
injunction restraining the respondents, their
agents, workers and officers from their further
deportation or refusing them free entry into
Lagos and free exit there from, as well as an
order mandating the respondents to tender a
written apology to them by publishing the
apology in three national newspapers
continuously for 30 days, from the date of the
first publication, for unlawful and gross
violation of their constitutional rights.
The deportees are also seeking a declaration of
the court that their arrest and detention in
various camps within Lagos state for no offence
known to law and without trial and conviction
by a court of competent jurisdiction, amounted
to a serious breach of their rights as provided
for in the relevant sections of the constitution.

The suit was brought as a motion on notice
pursuant to Order 11, Rule 1&2 of the
Fundamental Rights (Enforcement Procedure
Rules), 2009, Sections 34 (1) (A), 35, 40, 45 (1),
42 (1), 46 (1) and 6 (1) of the 1999 Constitution,
as amended; Articles 5, 6 and 12 of African
Charter on Human and Peoples Rights. They also sought an order of the court to declare that their deportation from Lagos State to Anambra State on July 24, amounted to a
gross violation of their rights and a breach of
the provisions of the 1999 constitution, as
amended, adding that the court should mandate the first respondent to re-absorb and
accommodate the applicants within Lagos State
since they were Nigerian citizens and were
entitled to reside in any part of the country
including Lagos State.

Also, the applicants noted that the issue for
determination is whether the action of the
respondents in arresting, detaining and their
subsequent deportation from Lagos to Onitsha,
Anambra state was justified in law, in view of
the supreme provisions of the 1999 constitution of Nigeria.

The hearing, which will be presided over by
Justice Anumogobia, is set to begin on January
29, 2014.

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