The Federal High Court 4
sitting in Lagos, presided over by Justice
Anumogobia is expected to commence
hearing on January 29, 2014 in a N1
billion civil suit instituted against Lagos
State Government, by the 76 victims who
were deported from the state and
abandoned in Onitsha, Anambra State on
July 24, 2013.
The suit was filed by seven of the
deportees, including Joseph Aniebonam,
Osondu Mbuto, Osondu Agwu, Nnenna
Ogbonna, 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.
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.
In the motion filed on their behalf,
through their legal counsel, Chief Barrister
Ugo Ugwunnadi, an Onitsha-based legal
practitioner., the applicants are praying
the court to declare that they, as Nigerian
citizens are 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
declaration of the court that their arrest
and detention in various camps, Oshodi
rehabilitation centre, police cells and
prisons, 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,
adding that such an action was illegal,
null, void and unlawful.
They also sought an order of the court to
declare that their deportation from Lagos
State of Nigeria to Anambra State of
Nigeria on July 24, amounted to a gross
violation of their rights and a breach of
the provisions of the 1999 Constitution,
as amended.
They noted that the court should mandate
the first respondent to re-absorb and
accommodate the applicants within Lagos
State of Nigeria since they are Nigerian
citizens and are entitled to reside in any
part of Nigeria, including Lagos State.
The applicants equally sought a perpetual
injuction restraining the respondents,
their agents, privies, subordinates,
workers and officers, howsoever called,
from their further deportation or refusing
them free entry into Lagos and free exit
therefrom, as well as an order mandating
the respondents to tender a written
apology to them by publishing the
apology in the following newspapers:
THISDAY, Vanguard and Daily Sun
continuously for 30 days, from the date of
the first publication, for unlawful and
gross violation of their constitutional
rights.
Also in their written address, 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 is justified in
law, in view of the supreme provisions of
the 1999 Constitution of Nigeria, adding
that if the issue is resolved in the negative
and against the respondents, the
applicants are entitled to the reliefs
sought.

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