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ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison
ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison
By: Michael Mike
The ECOWAS Court of Justice has declared it lacks jurisdiction and dismissed all the requests made by one Richard Ugbah, a Nigerian who asked the Court to order his transfer from the United States, where he is serving a 12-year imprisonment for wire fraud, in order to complete the remainder of his sentence in his home country.
In the suit No: ECW/CCJ/ APP/ 18/21, filed in the Court, the Applicant, Richard Ugbah, who was sentenced to 12 years imprisonment having been found guilty of wire fraud by a US Court on 14/2/2017 asked the ECOWAS Court to order for his transfer to Nigeria, having satisfied the requirements for such a transfer.
In its judgment delivered on Thursday by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court declared that it lacks jurisdiction to hear the matter.
In dispensing with the issues, the Court held as to admissibility, that the Second Respondent, the Ministry of justice of the Federal Republic of Nigeria is not a proper party before this Court. However, it upheld the Preliminary Objection raised by the First Respondent, the Federal Republic of Nigeria and declared the claims before it as unfounded and without legal basis. Consequently, it dismissed all the reliefs sought by the Applicant.
In the Initiating Application, the Applicant averred that he is Nigerian citizen resident in the US who was convicted by District Court for the Western District of Wisconsin after he pleaded guilty on one count of wire fraud on 14/2/17 and was sentenced to twelve (12) years imprisonment.
He had also pleaded guilty on 15th November 2017 on another count of conspiracy to commit fraud and judgment was entered on 22/11/17.
The Applicant further stated that having served eight years of the sentence, he is due for release on 8th May, 2026.
He urged the Court to issue the orders having satisfied the conditions for transfer to complete the term in Nigeria in line with the provision of the United Nations Office on Drugs and Crime Handbook on the International Transfer of Sentenced Persons.
He also averred that the transfer of sentenced persons is seen to be an important means of co-operation to prevent and combat crimes, which is the purpose of the United Nations convention against illicit traffic in Narcotic drugs and psychotic substances of 1998, the United Nations Convention against corruption and the United Nations Convention against Transnational organized crime.
The Applicant further asserted that all three conventions mentioned above, refer to the possibility of concluding agreements to facilitate the transfer of persons convicted abroad for the offences covered by the conventions to another state to complete their sentence.
The Respondent, Federal Republic of Nigeria, filed a Preliminary Objection contending that the Applicant’s Initiating Application is incompetent having regard to Article 9 and 10 of the Supplementary Protocol (A/SP./01/05). They added that the 2nd Respondent, the Ministry of Justice is neither a Community Institution nor a signatory to the Economic Community of the West African States Treaty.
The Respondent further claimed that the Honourable Court lacks the Jurisdiction to entertain the suit, and therefore urged the Court to strike out the notice of registration for want of jurisdiction and lack of cause of action.
In its decision, the Court recognized that both parties wanted to remove the Second Respondent from the case, arguing that it was an improper party. The Court struck out the Second Respondent on this basis.
The Court also stated that the Applicant hasn’t shown a valid reason for their complaint against the Respondent.
The Court also found that the matter of competence is a legal issue and the argument presented by the Applicant has no legal basis vesting the Court with the authority to hear and determine the case. As a result, it dismissed the claim and upheld the Respondent’s Preliminary Objection.
The other judges on the panel were Justices Dupe Atoki (Presiding) and Ricardo Claúdio Monteiro Gonçalves (Member).
ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison
News
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
By Zagazola Makama
Troops of the 1 Brigade of the Nigerian Army operating under Operation FANSAN YANMA have neutralised a suspected terrorist and recovered arms during an offensive operation in Shinkafi LGA.
Security sources told Zagazola Makama that the operation was carried out on March 13 by troops of CT 5, who launched a deliberate clearance mission targeting terrorist camps located at Tubali and Zangon Danmaka.
The sources said the operation followed credible intelligence on the presence of armed bandits and other criminal elements using the locations as operational hideouts.
During the operation at Tubali, troops made contact with the suspected terrorists and engaged them in a brief gun battle, forcing the criminals to flee into nearby forested areas.
“During the engagement, one terrorist was neutralised, while others escaped with possible gunshot wounds,” the source said.
Following the encounter, troops conducted exploitation of the area and recovered one AK-47 rifle, a magazine containing two rounds of 7.62mm special ammunition, and a motorcycle believed to belong to the fleeing terrorists.
The recovered items were secured by the troops while further search operations were carried out around the camp to ensure that no other threats remained in the vicinity.
The sources added that when troops advanced to Zangon Danmaka, no contact was made with terrorists as the suspects were believed to have fled the area ahead of the troop arrival.
However, troops maintained dominance in the general area while conducting further patrols and surveillance operations aimed at preventing the terrorists from regrouping.
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
News
Troops arrest suspected ISWAP spy in Kanama, Yobe
Troops arrest suspected ISWAP spy in Kanama, Yobe
By Zagazola Makama
Troops of 159 Battalion in collaboration with members of the Civilian Joint Task Force have arrested a suspected spy linked to terrorists operating in the North-East in Kanamma Yobe state.
Security sources told Zagazola Makama that the suspect, identified as Malam Fantami, a native of Dikwa was apprehended during a security operation by troops deployed in the area.
The sources said the suspect was intercepted following credible intelligence indicating that he might be working as an informant for terrorists affiliated with the ISWAP.
According to the sources, items recovered from the suspect at the time of his arrest included a mobile phone, a smart watch, prayer beads, a motorcycle key, and a cash sum of ₦7,000.
Preliminary examination of the suspect’s mobile phone by security personnel reportedly revealed several suspicious materials, including photographs of motorcycles, large sums of cash, AK-47 rifles and other items believed to be linked to terrorist activities.
“The discovery of these materials has raised serious suspicion about the suspect’s role as a possible logistics informant or intelligence asset for insurgent elements operating in the region,” the source said.
The suspect is currently in military custody, where he is undergoing further interrogation to determine the extent of his involvement with terrorist networks and to identify possible collaborators.
The military high command said the arrest forms part of ongoing counter-terrorism efforts by troops in the North-East aimed at dismantling the intelligence and logistics networks that support insurgent operations.
Kanama, located in Yunusari Local Government Area of Yobe State near the border with Niger Republic, has remained an important corridor frequently exploited by insurgent groups for movement and supply activities.
Troops arrest suspected ISWAP spy in Kanama, Yobe
News
Troops repel ISWAP attack in Bita, Borno
Troops repel ISWAP attack in Bita, Borno
By: Zagazola Makama
Troops of Operation HADIN KAI successfully repelled an attack by terrorists suspected to be members of ISWAP in Bita area of Borno state following a fierce overnight encounter.
Security sources said the attack began at about 1:09 a.m. on Saturday, when the insurgents launched a coordinated assault on troops of the 26 Task Force Brigade deployed in the Bita axis.
According to the sources, the terrorists attempted to overwhelm the troops’ position but were met with stiff resistance from the soldiers who engaged them in a sustained gun battle.
“In a decisive and coordinated operation, gallant troops of Operation Hadin Kai launched a simultaneous land and air assault on terrorist positions in Bita in the early hours of today,” the source said.
The coordinated response involved ground troops engaging the insurgents while aerial support conducted precision strikes and surveillance over the battlefield, forcing the attackers to retreat.
The intense engagement compelled the terrorists to withdraw towards their enclaves after suffering heavy pressure from the combined land and air assault.
Following the withdrawal of the insurgents, troops immediately commenced exploitation operations to pursue fleeing elements of the terrorist group and prevent them from regrouping.
Troops repel ISWAP attack in Bita, Borno
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