Abdulkadir Ahmed V. The Minister of Internal Affairs & Ors (2002)

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D. MUHAMMAD, J.C.A.

The appellant is said to be an Islamic Scholar and a teacher. He has two wives and twelve children. He has been residing in Zaria with the family for about fifty years. On or about the 2nd day of December, 1993 he was arrested by Security Officers comprising Police Officers, State Security Service Officers and Immigration Officers. He was detained in a cell for about forty-eight hours. On the 4th of December, 1993, the appellant was moved out of detention, and was served with a deportation order issued by the Minister of Internal Affairs i.e., the first respondent herein. He was accordingly, transported to the Nigeria-Niger Republic border, near Illela, and was handed over to Immigration Officials of the Niger Republic.

The appellant filed a suit at the Kaduna State High Court of Justice, for the enforcement of his fundamental right. The State High Court struck out the suit on the ground that, it lacked jurisdiction to entertain the matter. The appellant then, applied to the Federal High Court, Kaduna, for leave to enforce his fundamental rights, to dignity of human person, personal liberty and freedom of movement. He asked for the following reliefs:-

(1) A declaration that the deportation of the applicant, who is a citizen of Nigeria, to Niger republic, by the respondents, is an illegal act and constitutes a violation of the applicant’s fundamental rights, guaranteed under section 38 (1) of the Constitution of Nigeria, 1979.

(2) A declaration that the arrest, detention and forceful removal of the applicant from his home, and country, are unlawful and constitute grave violations of the applicant’s rights to human dignity, and personal liberty, guaranteed under sections 31 (1) and 32 (1) of the Constitution of Nigeria, 1979.

(3) An order of this honourable court, revoking the deportation order issued by the 1st respondent in respect of the applicant and restraining the respondents from further deporting the applicant.

(4) An order of court directing the respondents to pay the applicant the sum of twelve million Naira (12,000,000.00) as general and exemplary damages, on account of the grave breaches of the applicant’s fundamental rights to freedom of movement, personal liberty and dignity of human person, occasioned by the illegal and unlawful acts of the respondents.”

After hearing the exparte application, the Federal High Court, Kaduna, granted the appellant leave to enforce his fundamental rights. The court however, added that the grant would neither operate as a stay of action nor as an injunction. Subsequent to the leave granted, the appellant filed an originating summons, claiming the same reliefs as contained in the application for leave to enforce his fundamental rights, which I have quoted above. The originating summons was supported by an affidavit of 8 paragraphs deposed to by the appellant.

The respondents filed a counter-affidavit. The appellant sought and was granted leave to amend the statement in support of his application to enforce his fundamental rights. The respondents also filed a counter-affidavit to the additional statement of the appellant.

The court, after hearing the submission of both counsel for the appellant and the respondents in a reserved ruling, dismissed the appellant’s claim. In dismissing the claims, the trial Judge stated inter alia that-

1. “The defendants in the counter-affidavit sworn to by Sunday P. Akpan on 16th January, 1995, produced annexure B to which a report, dated 21st October, 1993, issued by Jumare Mahmud, an Assistant Superintendent of Immigration was attached. This report stated in details steps taken to establish the plaintiff’s nationality.

The steps taken include, and I quote:

“It has to be remembered that in March last year, Mallam Abdulkadir, was taken to Bodinga by two immigration officers, so that he could identify his birth place. Unfortunately, he failed to show any evidence or even show the place or name anywhere in the town.”

“Mallam Abdulkadir has directly avoided saying anything of his parents origin, and names in all the three (3) different statements he made to the Immigration Department. This is intentional to hide some information.”

“2 In one of his statement, he contradicted himself by saying that his parents were cattle rearers, who came to Ilella from Konni Tawa and Agaraji (all in Niger Republic) and they left him at Sokoto, to start Islamic Education, while on the other, he said that his parents are from Bodinga.”