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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
VP Shettima, Governor Buni attend Zulum’s children’s wedding Fatiha in Maiduguri.
By: Yahaya Wakili
Vice President of the Federal Republic of Nigeria, Alhaji Kashim Shettima GCON; His Excellency, Governor Mai Mala Buni CON, COMN; the Speaker of the House of Representatives, Hon. Tajudden Abbas; Deputy President of the Senate, Senator Barau Jibrin; governors; emirs; and other dignitaries attend the wedding Fatiha of the children of Borno State Governor Babagana Umara Zulum in Maiduguri, Borno State capital.
Governor Mai Mala Buni of Yobe State became the Wali of the groom, Muhammad Idi Barde Gubana, the son of the deputy governor of Yobe State, while Alhaji Muhammad Indimi was the Wali to the bride, Aisha Babagana Umara Zulum, the daughter of the governor of Borno State.
The marriage contract was finally sealed after the confirmation of the presentation of the medical certificate of fitness and 12 gold coins, and it was officiated by Imam Shettima Mamman Saleh, the chief imam of the Borno State Emirate Council, who offered prayers to Almighty Allah for the success of the marriage.
Also in attendance were the governors of Gombe, Kaduna, Nasarawa, Kebbi, Zamfara, Sokoto, and Jigawa states as well as the deputy governor of Imo state.
Other dignitaries in attendance include the minister of budget and economic planning, former secretary to the Yobe state government Alhaji Baba Mallam Wali MNI, Ambassador Babagana Kingibe, Speaker of the Gombe state House of Assembly, Yobe state Head of Civil Service Alhaji Abdullahi Musa Shehu, and heads of agencies and parastatals.
The wedding Fatiha also witnesses the royal highnesses and fathers included. His Highness, the Emir of Fika and Chairman of the Yobe State Council of Traditional Rulers, Alhaji Dr. Muhammad Abali Muhammad Idriss, CON, CFR; Emir of Tikau, Alhaji Abubakar Muhammadu Ibn Grema II; Emir of Machina; Damaturu; Gudi; Fune; Jajere; Ngelzarma; as well as over thirty emirs from Borno State
VP Shettima, Governor Buni attend Zulum’s children’s wedding Fatiha in Maiduguri.
Troops conduct clearance operation in Borno
By: Zagazola Makama
Troops of Operation Hadin Kai have carried out a clearance operation targeting suspected insurgent enclaves in Kaga Local Government Area of Borno State.
Security sources said the operation was conducted on April 19 at about 1000 hrs by troops of 29 Task Force Brigade in conjunction with members of the Civilian Joint Task Force (CJTF).
The troops, mounted on Mine-Resistant Ambush Protected vehicles, Armoured Personnel Carriers and gun trucks, advanced from Benisheikh through key routes including Qwayari, Karnakasari, the Camel Route and Mainok axis.
According to the sources, the operation was aimed at clearing suspected Boko Haram enclaves and denying insurgents freedom of movement within the corridor.
However, for now, no contact was made with insurgents during the operation, as the operation continues.
Military authorities said the exercise was part of sustained clearance and domination operations across the North-East theatre.
They added that the overall security situation in the region remained calm but unpredictable, while troops’ morale and operational efficiency remained high.
Troops conduct clearance operation in Borno
Troops arrest four Berom criminal youths involved in causing havoc in Barkin Ladi LGA
By: Zagazola Makama
Troops of Sector 4 (Sub-Sector 41) under Operation Safe Haven have arrested four suspected criminals during a raid operation on an identified hideout in Barkin Ladi Local Government Area of Plateau state.
Security sources said the operation was carried out at about 2115 hrs on April 18 at the NTV Mazat area in Gashish District, following credible intelligence on the activities of suspected criminal elements in the locality.
During the raid, troops stormed the location and apprehended four suspects identified as Aaron Joshua, 21; Ernest David, 21; Ishaya Haruna, 19; and Kyenshak Yakubu, 28.
It was gathered that the suspects were involved in several atrocities and part of the wider network of youths causing havoc in several communities.
The suspects were reportedly taken into custody and subjected to preliminary profiling as part of ongoing investigations to determine their involvement in criminal activities within the area.
Security sources said the raid was part of sustained efforts to dismantle criminal networks and deny them freedom of action in the general area.
Troops arrest four Berom criminal youths involved in causing havoc in Barkin Ladi LGA
VP Shettima, Governor Buni attend Zulum’s children’s wedding Fatiha in Maiduguri.
Troops conduct clearance operation in Borno
Troops arrest four Berom criminal youths involved in causing havoc in Barkin Ladi LGA
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