BLESSING OMALE, Abuja
The Federal High Court in Abuja has directed the Ministry of Foreign Affairs and the Nigerians in Diaspora Commission (NIDCOM) to facilitate the repatriation of approximately 270 Nigerians imprisoned or detained in Kaliti Prison, Ethiopia.
Delivering the judgment on November 14 in suit number FHC/ABJ/CS/303/2024, Justice Inyang Ekwo issued an order of mandamus, compelling the two agencies to fulfill their statutory duties and bring the detainees back home.
The suit was initiated by three Nigerians—Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor—on behalf of the imprisoned citizens.
They alleged that the detainees were subjected to inhumane living conditions after Ethiopian authorities declared that they lacked the budget to care for the inmates.
The applicants claimed the prisoners faced starvation, lack of medical care, and restricted access to legal representation, with some dying due to neglect. “Every week, about two or three deaths are recorded.
“They have not been buried, nor have their corpses been returned to Nigeria,” Mmaduagwu stated in his affidavit.
The suit also highlighted cases of arbitrary arrests, where Nigerians traveling through Ethiopia were allegedly dispossessed of their valuables and falsely accused of crimes.
The applicants named NIDCOM, the Ministry of Foreign Affairs, the National Assembly, the Federal Republic of Nigeria, and the Attorney General of the Federation as respondents.
They sought a court order mandating the government to intervene and repatriate the detainees.
In a counter-affidavit, the Senate dismissed the claims as “unfounded” and asked the court to throw out the case.
Usman Abdulhameed, Chief Legislative Officer of the National Assembly, argued that investigations by its committees on Diaspora and Foreign Affairs had found no evidence of incarceration or maltreatment of Nigerians in Ethiopia.
“The Senate is not aware of any communication from the Ethiopian government requesting Nigeria to repatriate its citizens,” Abdulhameed asserted.
Justice Ekwo, however, ruled in favor of the applicants, stating that they had presented a compelling case.
He criticized the Ministry of Foreign Affairs and NIDCOM for failing to act, emphasizing that it is the duty of the government to protect its citizens abroad.
“The motives of the applicants are not unreasonable. It is rationally expected that a citizen of a country who needs intervention abroad will receive the requisite succour from their home country,” Ekwo stated.
The court ordered the Ministry of Foreign Affairs and NIDCOM to take immediate steps to repatriate the detained Nigerians. However, it declined to declare that the detainees’ fundamental rights had been violated.
This judgment has been widely regarded as a wake-up call for Nigerian authorities to prioritize the welfare of citizens abroad.
As the government gears up to comply with the court’s directive, families of the detainees hope this will mark the end of their loved ones’ suffering in Ethiopian detention.
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