Retired Nigerian Naval personnel, Igwe Dennis Nwaokpara, on Wednesday, November 9, secured his first win in a protracted lawsuit against the West African Country's Immigration Department.
Nwaokpara had sued the state demanding Ksh3.3 billion (N12 billion) after his unceremonious deportation from Jomo Kenyatta International Airport (JKIA) in June 2017.
In his court filings, the former military officer complained that he had been tortured and had his passport confiscated by the Nigeria Immigration Service (NIS).
In a ruling, Justice Yellim Bogoro directed the NIS to pay a fine of Ksh13,800 (50,000 Naira) for being unprepared to have the case proceed.
Lawyer's representing NIS appealed to the court to adjourn the case that kicked off in 2017.
Nwaokpara argued that his detention at JKIA was unlawful since he was deported by the Kenyan Government before being handed to its Nigerian counterpart where he was handed over to Police Special Fraud Unit.
Soon after, he was released without any charges labeled against him but his passport remained with the state.
He, therefore, retaliated by filing a suit seeking Ksh3.3 billion in damages for the injustice he claimed was done to him.
“They are holding his passport and his right to travel has been abridged; it favours them to say they have just been informed.
“Should the court however be mindful of granting an adjournment, we pray for an order that the applicant’s passport is deposited with the court’s registrar pending the hearing of the application. We are also asking for cost of N150,000 (Ksh41,400)," he told the Nigerian Court.
The former Navy member also seeks to have the state compelled to declare that his arrest and consequent failure to be arraigned in a Kenyan court was unlawful.
He also wants his deportation to be declared illegal.
