The Court of Justice of the Economic Community of West
African States (ECOWAS) has ordered the Nigeria government to pay N53,650,925
to a German, Martin Gegenheimer.
The money is special damages for losses suffered and costs
incurred while he was under unlawful arrest and detention by the Nigeria
Immigration Service (NIS).
Justice Edward Amoako Asante also ordered Nigeria to pay
N10,000,000 in general damages as reparation for all violations and moral
prejudice suffered for the violation of his rights.
Furthermore, the federal government must pay $10,000 to Gegenheimer being the expenditure incurred to secure his bail.
The court ordered the “immediate and unconditional release”
of his German passport which was “arbitrarily and unlawfully” seized, 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, Gegenheimer, married to a
Nigerian citizen but based in Nairobi, Kenya, through his counsel, Festus
Ogwuche sought the enforcement of his fundamental human rights.
The applicants, including SAT Swiss Aviation Nigeria Ltd
which invited Gegenheimer to Nigeria, contended that he legally entered the
country for business purposes, but was wrongfully arrested and detained while
on his way back to Kenya.
Gegenheimer, a professional aviator with specialization in
commercial airline start up, averred that he arrived at Murtala Muhammed
International Airport (MMIA) Ikeja, Lagos, via Kenya Airways flight number KQ
532 on 9th of February 2020.
He was officially issued with a one month Business Visa
number E0014938 at the visa on arrival counter by the Immigration officials.
But while returning to Kenya on 23rd February 2020, he was
stopped at the boarding gate of the Kenya Airways aircraft after all necessary
departure formalities were completed.
Gegenheimer recalled that he was kept in a jam-packed
detention cell between 23rd February, 2020 and 4th March, 2020, despite the
COVID-19 protocol, without acceptable food and medical care.
The applicant said 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.
On 4th of March, 2020, an administrative bail was secured
for him, ahead of the lockdown in Abuja due to the COVID-19, under very
stringent conditions.
These included periodic reporting at the detention centre
while his German passport was retained in the explicit custody of the NIS
Comptroller General.
Gegenheimer narrated how he engaged an Immigration
Consultant to secure his release, after spending over $20 000 in employing
different lawyers and confinement to a hotel in Abuja.
The respondents through their counsel J. A. Adamu raised a
preliminary objection. They argued that since the German lacked the capacity to
bring the action without being a citizen of West Africa.
They contended that the first applicant was detained for
presenting a Nigerian passport bearing his photograph and other details but
when scanned, revealed the name, passport photo and detail of one Tanimu Aisha,
a female Nigerian citizen.
The respondents denied Gegenheimer’s claim of poor treatment
at the Screening Centre, where he was first held, and insisted he was well catered
for.
They added that after the conclusion of investigation, a
charge was filed against at the Federal High Court, Abuja, and CHARGE NUMBER
FHC/ABJ/CR/152/2020 – FEDERAL REPUBLIC OF NIGERIA v. MARTIN GEGENHEIMER is
being processed for a hearing date.
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.
Earlier, the court ruled that it had jurisdiction to hear
the case as the violation occurred in a Member State. Gegenheimer’s wife,
children and SAT Swiss Aviation Nigeria Ltd were unsuited as plaintiffs.
The judges also nonsuited the Nigerian Immigration Service
(NIS) as an improper party in the suit.
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