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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
Nine injured in farmers–herders clash in Nasarawa
By: Zagazola Makama
No fewer than nine persons were injured on Monday following a clash between farmers and herders in Loko community, Nasarawa State.
Zagazola report that the incident occurred at about noon on Dec. 15 in Bakono village, Loko area, after a dispute over alleged damage to farmland.
The source said the farmland involved belonged to one Bako Usman.
According to the source, the clash resulted in injuries to five farmers and four herders.
Security forces stormed the scene to restore order, while the injured persons were rushed to the General Hospital, Loko, where they were admitted and are responding to treatment.
Sources said that a stakeholders’ meeting had been convened in the community to prevent further escalation of the crisis.
According to the sources, confidence-building patrols are ongoing, the situation is being closely monitored and the area remains relatively calm.
Nine injured in farmers–herders clash in Nasarawa
Soldier killed as troops clash with suspected militia in Taraba
By: Zagazola Makama
A soldier has been killed, while two others are missing following an attack on troops escorting farmers in Takum Local Government Area of Taraba State.
Zagazola gathered that the incident occurred on Monday during a security operation in a bush area of Takum, which has been prone to clashes involving militia elements.
The source said soldiers from a special forces unit along with police, NSCDC were deployed to provide security for Tiv farmers harvesting their farm produce when they were attacked by hoodlums suspected to be local militia in Taraba state.
According to the source, one soldiers was killed during the attack.
The source further disclosed that following the incident, soldiers cordoned off the venue of the Miyetti Allah executives’ election at the FGR Samsokwa Hall, in Takum, and arrested male executives of the association present at the venue. Though it was yet to establish if they were involved in the attack.
Another sources pointed accusing finger at the Taraba state special adviser on security allegedly to be behind the Militia. Though, Zagazola cannot independently verify the claim.
Meanwhile, security forces have arrested a group of suspected armed bandits in Ifelodun Local Government Area of Kwara State. The suspects were caught with AK-47 rifles during an operation carried out on Friday.
After their arrest, the suspects were taken into custody. In a video that later surfaced online, the men were seen lying face down with their hands tied while security operatives questioned them about where they got the weapons.
One of the suspects alleged that some officials of the Kwara State government gave them both the vehicle and the rifles. He claimed they had been operating in the area under the cover of patrol duties.
According to him, the weapons did not belong to them personally. He said their leader collected the rifles and that they often went on patrol together with some individuals he mentioned by name. He insisted that the guns belonged to those officials.
Soldier killed as troops clash with suspected militia in Taraba
Gunmen abduct five workers at construction site in Kwara
By: Zagazola Makama
Gunmen suspected to be bandits have abducted five workers at a construction site along the Sabaja/Owa-Onire Road in Kwara State.
Zagazola report that the incident was reported at about 4:30 p.m. on Monday by Alhaji Suleiman Abdullah Olanrewaju, manager of Fix Contracting Engineering Company.
The source said Olanrewaju reported that the abduction occurred earlier in the day at about 11:40 a.m. while the workers were on site when the gunmen attacked and whisked them away.
Those abducted were identified as Engr. Ademola Afolabi, Engr. Umar Lade, Fatai and Akin, both labourers, as well as a driver identified as Yusuf.
According to the source, the complainant said he had earlier reported the incident to the military before notifying the police.
Upon receipt of the report, the Divisional Police Officer (DPO) in Oreke mobilised a team of police operatives who linked up with the military and local vigilantes to comb the surrounding bushes in a bid to rescue the victims and arrest the perpetrators.
Investigation into the incident is ongoing, while security agencies said further developments would be communicated.
End
Gunmen abduct five workers at construction site in Kwara
Nine injured in farmers–herders clash in Nasarawa
Soldier killed as troops clash with suspected militia in Taraba
Gunmen abduct five workers at construction site in Kwara
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