http://www.tribune.com.ng/news/top-stories/item/23448-deportation-of-igbo-indigenes-court-rules-in-favour-of-lagos-govt




Justice Musa Kurya of a Federal High Court in Lagos, on Friday, entered judgment in favour of the Lagos State government in a suit by some deportees over breach of right.

The applicants, Rosemary Nathaniel, Friday Ndukwe, Grace Igbochi, Ugulori Tutua, Chinyere Nicholas, and Osondu Mbuto, had filed the suit on behalf of 77 others, seeking enforcement of their rights.

 Joined as respondents in the suit are the Lagos State government, its Attorney General and the Commissioner of Police in the state.

 They had sought a declaration that their arrest, remand and forceful deportation from Lagos to Onitsha, Anambra State, in 2012, on the grounds that they were non-indigenes of Lagos, was a violation of their personal liberty, and freedom of movement.

The applicants had prayed the court to declare that such action of the Lagos State government was a violation of sections 35, 41(1) and 42 of the constitution, and Articles 6,12, 2 and 28 of the African Charter on Human and People’s Rights.

 They wanted the court to award damages in the sum of N2 billion against the Lagos State government and its agents, for breach of their rights.

 The applicants had also sought an order of the court compelling the respondents to tender a published apology to them in at least three widely circulating national dailies.

 Delivering the judgment on Friday, Justice Kurya held that there were conflicts in the affidavit evidence tendered by both parties, which conflict ought to be resolved by oral evidence.

He said that all efforts had been made to serve the respondents with the court processes, and the proof of service showed that they were duly served but were not represented in court.

“All efforts have been made to get the respondents served and from the proof of service, they have been served, consequent upon which they filed their counter affidavit.

“The respondent’s case is a complete denial of the facts and circumstances as put forward by the applicants.

“The respondents said in their affidavit that they did not deport the applicants to any place outside the territory of Lagos State at anytime.

“They said that in furtherance of state’s government’s policy to cater for the welfare of citizens irrespective of their origin, the applicants were rescued from different parts of Lagos State while they were begging for alms and engaging in other vices.

“The respondents said that those who could not provide details of their places of residence or business were taken to a rehabilitation centre at Majidun and given opportunity to acquire vocational skills.

“They said that it was three months after that their home state contacted the respondents and the applicants, who had successfully completed their programme, indicated their intention to rejoin their families.

“The respondents decided to assist the applicants in getting back to their families.

“It is trite law that where there are conflicts in affidavit evidence, it is normally resolved by oral evidence and applicants’ counsel did not call for such oral evidence.

“The court is, therefore, left with no option but to decide the matter on available evidence.

“I do not find any substance in the case of the applicants; there seems to be truth in the respondent’s averment.

“Consequently, judgment is entered in favour of the respondents against the applicants, with no cost awarded to either parties; this is my judgment,” Kurya said.

It is recalled that counsel to the applicants, Mr John Nwokwu, had argued that it was unlawful for Lagos State or any other state in the country to forcefully remove a citizen of Nigeria from its geographical boundary on account of indigeneship.

Nwokwu prayed the court to order Lagos State to go in search of the said deported Igbo indigenes and to return them to Lagos, in addition to an order restraining the respondents from further deporting them from the state.

 But it was the argument of Lagos State, in their counter affidavit, that the applicants’ deportation to Onitsha was not done out of malice, but with the genuine intention of re-uniting them with their families.

 Lagos State averred that the applicants were only assisted to re-join their families after pleading that they had no homes, relatives or business in the state.

MayorofLagos:
This is it! This becomes a precedent treatment and can be invoked at will to dispose delinquents.

With this judgement, there is more family reunion ahead for Ibos. We go show una who own Lagos!

Your indigeneship is in Congo! Bloody pygymies!

anuofia!!

I like you for being honest

Well this view of yours vindicate us for not supporting APC


Since you so hate Igbos, we will go for GEJ and if kasala burst, we opt out of Nigeria to help you take away your hate.

A.

Are you sure we are still in the same country?

What would have happened to them if, inspite of their 'vices', they were Lagosians?

Well, it's like the process of disintergration of Nigeria has started officially.

Little wonder someone said: There Was A Country

Y

F

KriTic24A:


Are you sure we are still in the same country?

What would have happened to them if, inspite of their 'vices', they were Lagosians?

Well, it's like the process of disintergration of Nigeria has started officially.

Little wonder someone said: There Was A Country

With attitude like that protrayed by the OP , I will opt for disintegration so that his hate will subsized.

KriTic24A:


Are you sure we are still in the same country?

What would have happened to them if, inspite of their 'vices', they were Lagosians?

Well, it's like the process of disintergration of Nigeria has started officially.

Little wonder someone said: There Was A Country

The keyword in this ruling is root.

If they were Lagosians they would belong in an Agbole. Their reunion and rehabilitation will be referred to that root.

Its not complicated!

MayorofLagos:

The keyword in this ruling is root.
If they were Lagosians they would belong in an Agbole. Their reunion and rehabilitation will be referred to that root.
Its not complicated!

Thank you my brother, time for these mofos to head home.

Thank God for this case. Family re-union for real, make everybody face him agbole.

MayorofLagos:


The keyword in this ruling is root.

If they were Lagosians they would belong in an Agbole. Their reunion and rehabilitation will be referred to that root.

Its not complicated!

Don't worry 2015 your dream of seeing Igbos out of Lagos will be fulfilled through the collapse of one Nigeria.

ibedun:


Thank you my brother, time for these mofos to head home.

Thank God for this case. Family re-union for real, make everybody face him agbole.

Yes ooooo

Family reunion to be perfected by the collapse of one Nigeria.


At least you can deny Igbos visa to Lagos.

MayorofLagos:
This is it! This becomes a precedent treatment and can be invoked at will to dispose delinquents.

With this judgement, there is more family reunion ahead for Ibos. We go show una who own Lagos!

Your indigeneship is in Congo! Bloody pygymies!

anuofia!!

Not so fast, buddy! The illegal deportation of those folks remain illegal. The judge simply ruled against the deportees because there are conflicts in affidavit evidence, which are normally resolved by oral evidence and applicants’ counsel did not call for such oral evidence. Period.

The lawyers of the deportees goofed, that's all. The action of Lagos state in this matter remains reckless, irresponsible, and illegal.

nduchucks:

Not so fast, buddy! The illegal deportation of those folks remain illegal. The judge simply ruled against the deportees because there are conflicts in affidavit evidence, which are normally resolved by oral evidence and applicants’ counsel did not call for such oral evidence. Period.
The lawyers of the deportees goofed, that's all. The action of Lagos state in this matter remain reckless, irresponsible, and illegal.

Illegal according to Nduchucks....ok o......Theory dey.......Practice dey....your choice.

nduchucks:


Not so fast, buddy! The illegal deportation of those folks remain illegal. The judge simply ruled against the deportees because there are conflicts in affidavit evidence, which are normally resolved by oral evidence and applicants’ counsel did not call for such oral evidence. Period.

The lawyers of the deportees goofed, that's all. The action of Lagos state in this matter remain reckless, irresponsible, and illegal.

The Judge stated he had affidavit evidence but needed oral evidence to qualify the keyword of the contention.

What is the applicant's suit based on? Constitutional right.

What is the respondent's defense based on? Family reunion!

Lagos State is not saying they dont have constitutional right to exist in Lagos...in fact, they welcome other ethnic groups in Lagos. The key idea that needs to be orally argued is family root. They need to reunite with their family. Where is the root?


You better open your eyes and read.

MayorofLagos:


The Judge stated he had affidavit evidence but needed oral evidence to qualify the keyword of the contention.

What is the applicant's suit based on? Constitutional right.

What is the respondent's defense based on? Family reunion!

Lagos State is not saying they dont have constitutional right to exist in Lagos...in fact, they welcome other ethnic groups in Lagos. The key idea that needs to be orally argued is family root. They need to reunite with their family. Where is the root?


You better open your eyes and read.

The judge stated that he had affidavit evidence but also said there are conflicts in affidavit evidence. What part of this is too complex to understand? The deportees did not resolve the conflicts orally or otherwise, hence left no option for the judge but a dismissal of the case.

The judge never ruled on the illegality of Lagos, which remains so - an illegality.

nduchucks:


The judge stated that he had affidavit evidence but also said there are conflicts in affidavit evidence. What part of this is too complex to understand? The deportees did not resolve the conflicts orally or otherwise, hence left no option for the judge but a dismissal of the case.

The judge never ruled on the illegality of Lagos, which remains so - an illegality.

Did they establish their constitutional right? Yes!
Did they establish their Lagos root? No!

The defendants counsel know this would be a loss if he tried to...he did not defend it, he could not!

End of mangana!

Nwokwu prayed the court to order Lagos State to go in search of the said deported [size=16pt]Igbo indigenes [/size]and to return them to Lagos, in addition to an order restraining the respondents from further deporting them from the state.

Their own counsel qualified them as having root elsewhere outside Lagos.

This is the key! He made statements insupport of respondent's claim that they have family roots outside Lagos, and on request were reunited to these roots.

Lagos State decided to assist the applicants in getting back to their families.


Lagos State does not deny their constitutional right to be in Lagos....but we question their indegenity in Lagos. Their counsel, Nwokwu, agrees.

Judge Kurya:I do not find any substance in the case of the applicants; there seems to be truth in the respondent’s averment.

M

The plaintiff's lawyer goofed he could have been a little stricter, the LASG had a bad case but their lawyer was good.
His assertion with the respondents lawyer coupled with the improper way his evidence was produced and the fact that consent was somehow proved by the respondents dictated the courts ruling

adadadon:
The plaintiff's lawyer goofed he could have been a little stricter, the LASG had a bad case but their lawyer was good.
His assertion with the respondents lawyer coupled with the improper way his evidence was produced and the fact that consent was somehow proved by the respondents dictated the courts ruling

Thats how I view it.
Their constitutional right was not denied and neither was it violated because on that ground even the state deferred to the constitution and affirmed the deportees rights to be in Lagos.

The constitution does not give any state in Nigeria the right of parental surrogacy.....and thus family roots must be respected under customary legitimacy. The deportees are illegitimate indigenes and their attorney agrees.

musiwa94:
Mayor of Lagos. Nigeria constitution and laws by international law have no effect of law in western nigeria.


Even by international law, Nigeria police have no power to arrest a person. So Nigeria police power is considered illegal.

ahh, alaye mi, sorry o, mo miss lati f'esi. Ehhn nau, even Jonathan sef, e come Lagos e go first to Iga and go pay homage to Akiolu.....much less some bantu run-aways!

Kongi dey smell!

All Can say is: No future for "Nigeria"

We flattheads will "re-appeal" the case!

musiwa94:
You are not in the same country. Western Nigeria is different from Nigeria.

Indingene must definitely hv a family house, which the later don't. In that respect, u can't compare the as don't hv similar analogy. Is it a must to stay in lagos? Biafra can't include lagos state or any part of yorubaland.

Lagos is no man's land.

All Igbos always want is fairness and equality, coupled with a levelled playing ground to hussle in life... something like that shaa, as much as possible.

April 9, 2009, Over 100 were deported to Oyo....


No Man's land headed by Fashola also deported Yorubas to Oyo and other SW states...

The total SW deportees from Lagos is way way higher than Igbo deportees to Anambra....

so Fashola's deportation, I can boldly say is not tribe-based....

This OP trying to use it as a tool of some fanthom superiority is laughable and ignorantly bafoonish!

We know Peter Obi used it as a political tool as well...

the final thing is that: what people were angry about is the time of the day these people were dropped at Onitsha head-bridge... (were they scared of Igbos or what? Anyhoo, I am sure Fashola did not instruct them to do that, they should have done it in a more humane way is my two sense....

This OP is a coward! - He deleted his commentabout more deportations... nah fear? a whole mayor like you no get spine? anyway, na omo yooba wey you be shaa.. so cowardice na amala and ewedu for una...

MayorofLagos:
http://www.tribune.com.ng/news/top-stories/item/23448-deportation-of-igbo-indigenes-court-rules-in-favour-of-lagos-govt




Justice Musa Kurya of a Federal High Court in Lagos, on Friday, entered judgment in favour of the Lagos State government in a suit by some deportees over breach of right.

The applicants, Rosemary Nathaniel, Friday Ndukwe, Grace Igbochi, Ugulori Tutua, Chinyere Nicholas, and Osondu Mbuto, had filed the suit on behalf of 77 others, seeking enforcement of their rights.

 Joined as respondents in the suit are the Lagos State government, its Attorney General and the Commissioner of Police in the state.

 They had sought a declaration that their arrest, remand and forceful deportation from Lagos to Onitsha, Anambra State, in 2012, on the grounds that they were non-indigenes of Lagos, was a violation of their personal liberty, and freedom of movement.

The applicants had prayed the court to declare that such action of the Lagos State government was a violation of sections 35, 41(1) and 42 of the constitution, and Articles 6,12, 2 and 28 of the African Charter on Human and People’s Rights.

 They wanted the court to award damages in the sum of N2 billion against the Lagos State government and its agents, for breach of their rights.

 The applicants had also sought an order of the court compelling the respondents to tender a published apology to them in at least three widely circulating national dailies.

 Delivering the judgment on Friday, Justice Kurya held that there were conflicts in the affidavit evidence tendered by both parties, which conflict ought to be resolved by oral evidence.

He said that all efforts had been made to serve the respondents with the court processes, and the proof of service showed that they were duly served but were not represented in court.

“All efforts have been made to get the respondents served and from the proof of service, they have been served, consequent upon which they filed their counter affidavit.

“The respondent’s case is a complete denial of the facts and circumstances as put forward by the applicants.

“The respondents said in their affidavit that they did not deport the applicants to any place outside the territory of Lagos State at anytime.

“They said that in furtherance of state’s government’s policy to cater for the welfare of citizens irrespective of their origin, the applicants were rescued from different parts of Lagos State while they were begging for alms and engaging in other vices.

“The respondents said that those who could not provide details of their places of residence or business were taken to a rehabilitation centre at Majidun and given opportunity to acquire vocational skills.

“They said that it was three months after that their home state contacted the respondents and the applicants, who had successfully completed their programme, indicated their intention to rejoin their families.

“The respondents decided to assist the applicants in getting back to their families.

“It is trite law that where there are conflicts in affidavit evidence, it is normally resolved by oral evidence and applicants’ counsel did not call for such oral evidence.

“The court is, therefore, left with no option but to decide the matter on available evidence.

“I do not find any substance in the case of the applicants; there seems to be truth in the respondent’s averment.

“Consequently, judgment is entered in favour of the respondents against the applicants, with no cost awarded to either parties; this is my judgment,” Kurya said.

It is recalled that counsel to the applicants, Mr John Nwokwu, had argued that it was unlawful for Lagos State or any other state in the country to forcefully remove a citizen of Nigeria from its geographical boundary on account of indigeneship.

Nwokwu prayed the court to order Lagos State to go in search of the said deported Igbo indigenes and to return them to Lagos, in addition to an order restraining the respondents from further deporting them from the state.

 But it was the argument of Lagos State, in their counter affidavit, that the applicants’ deportation to Onitsha was not done out of malice, but with the genuine intention of re-uniting them with their families.

 Lagos State averred that the applicants were only assisted to re-join their families after pleading that they had no homes, relatives or business in the state.

This issue is beyond the 77 people that were deported, this is is even beyond the status of lagos as no man's land, the case will be taken to higher courts and it is just the beginning lagos state government should just get battle ready.

MayorofLagos:


ahh, alaye mi, sorry o, mo miss lati f'esi. Ehhn nau, even Jonathan sef, e come Lagos e go first to Iga and go pay homage to Akiolu.....much less some bantu run-aways!

Kongi dey smell!

welcome and stop making trouble with your alternative monikers. Let peace reign.