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ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison

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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

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Troops arrest 58 illegal miners in Edo state

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Troops arrest 58 illegal miners in Edo state

By: Zagazola Makama

Troops of Operation MESA have arrested 58 suspected illegal miners at an illegal gold mining site in Ososo general area, Akoko-Edo Local Government Area of Edo State.

A security source disclosed that the suspects were apprehended at about 1:00 p.m. on March 28 during a fighting patrol conducted by troops of 195 Battalion (Rear).

According to the source, the troops stormed the mining site and arrested the suspects without resistance.

“The suspects are currently in troops’ custody for further action,” the source said.

He noted that the operation forms part of ongoing efforts to curb illegal mining activities and other criminal enterprises within Edo State and its environs.

Troops arrest 58 illegal miners in Edo state

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Army troops arrest two suspected Boko Haram logistics suppliers in borno

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Army troops arrest two suspected Boko Haram logistics suppliers in borno

By: Zagazola Makama

Troops of Operation Hadin Kai, in collaboration with operatives of the Joint Intelligence Fusion Centre (JIFC), have arrested two suspected logistics suppliers to Boko Haram terrorists in Gubio town, Borno State.

A military source disclosed that the suspects, identified as Mal Bunu Gojemi and Zanna Alhaji Mallam, were apprehended at about 11:30 a.m. on Saturday during a joint logistics strangulation operation conducted by troops in the area.

According to the source, the suspects confessed during preliminary interrogation to being long-time suppliers of logistics to the Boko Haram.

Items recovered from them include three mobile phones, a traditional cap, and the sum of N40,000.

“The suspects have since been handed over to operatives of the Joint Intelligence Fusion Centre for further investigation,” the source said.

He added that the operation was carried out without any incident.

The Nigerian Army and other security agencies have continued to intensify operations aimed at cutting off logistics supply chains to insurgents as part of ongoing counter-terrorism efforts in the North-East.

Army troops arrest two suspected Boko Haram logistics suppliers in borno

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NDLEA intercepts cocaine hidden in stockfish heads, arrests 80-year-old suspect, others nationwide

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NDLEA intercepts cocaine hidden in stockfish heads, arrests 80-year-old suspect, others nationwide

By: Zagazola Makama

The National Drug Law Enforcement Agency (NDLEA) says it has intercepted a large consignment of cocaine concealed in imported dry stockfish heads and arrested a key member of an international drug trafficking syndicate operating across several countries, including India.

The Director, Media and Advocacy, NDLEA Headquarters, Abuja, Mr Femi Babafemi, disclosed this in a statement on Sunday.

Babafemi said the seizure followed credible intelligence on trans-border criminal activities, which led to a coordinated sting operation by operatives of the Murtala Muhammed International Airport (MMIA) Strategic Command at Ojo area of Lagos on March 19.

He said the operatives recovered 237 wraps of cocaine, weighing 5.80 kilograms, concealed inside stockfish heads locally known as “okporoko,” in three jumbo bags allegedly in possession of a 36-year-old suspect identified as Akputa Dickson Ejike.

According to him, the consignment was destined for Delhi, India.

Babafemi further stated that in a separate operation on March 25, NDLEA operatives at a courier company in Lagos intercepted two illicit consignments heading to the United Kingdom.

He said one of the consignments contained 1.9 kilograms of methamphetamine concealed in automobile filters, while the second contained 40 ampoules of morphine sulphate and nine ampoules of fentanyl.

The NDLEA spokesperson added that operatives of the agency also arrested a suspected female drug baron, Omolade Abigail Jolayemi, 46, popularly known as “Iya Ghana,” during a raid at her residence in Yaba, Lagos, where 135 blocks of Ghana Loud, weighing 76.30 kilograms, were recovered.

He said another suspect, Anayo Lucky Ohabiro, 39, was arrested in Surulere, Lagos, with 78 blocks of the same substance weighing 41 kilograms.

Babafemi disclosed that in Ekiti State, an 80-year-old suspect, Oke Samuel, was arrested during a special raid at Erinmo road, Efon-Alaaye, with 2.2 kilograms of skunk and methamphetamine, while another suspect was arrested in Ondo State with 894.72 kilograms of skunk recovered from an uncompleted building.

He said further operations in Benue, Edo and Taraba States led to multiple seizures, including skunk, codeine-based syrup, and cannabis concealed in animal feed, with several suspects arrested.

Babafemi added that the War Against Drug Abuse (WADA) advocacy campaign also continued nationwide with sensitisation lectures in schools across Cross River, Adamawa, Oyo, Kano and Lagos States.

He commended NDLEA officers across the affected commands for the successful operations, reaffirming the agency’s commitment to balancing drug supply reduction with drug demand reduction efforts.

NDLEA intercepts cocaine hidden in stockfish heads, arrests 80-year-old suspect, others nationwide

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