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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
Military Air precision bombardment neutralises over 50 terrorists after attack on Ngoshe in Borno
Military Air precision bombardment neutralises over 50 terrorists after attack on Ngoshe in Borno
By: Zagazola Makama
The Air Component of Operation Hadin Kai has neutralised over 50 suspected Boko Haram/ISWAP terrorists following precision air strikes on their withdrawal routes after a failed attack on Ngoshe in Gwoza Local Government Area of Borno.
Sources told Zagazola Makama that the officer said the terrorists had, at about 7:30 p.m. on March 3, launched a coordinated assault on artillery positions in Ngoshe, a community located about 12 kilometres from Pulka and 31 kilometres from Gwoza town.
“The insurgents attempted to overrun the artillery positions in a surprise evening attack. Troops on ground responded effectively but conducted a tactical withdrawal under intense fire to preserve personnel and equipment while reinforcements were being mobilised,” he said.
The sources explained that the insurgents had adopted a hit-and-withdraw tactic, abandoning the scene before reinforcement troops fully secured the area.
The sources added that additional troops were immediately deployed, while surveillance platforms tracked the fleeing terrorists along identified withdrawal corridors.
“Upon receipt of real-time intelligence from ground troops, the surveillance aircraft were scrambled to engage the terrorists on their egress routes. The terrorists were sighted moving in clusters in both locations.
“Precision bombardment was conducted on confirmed target clusters and movement trails. Battle Damage Assessment indicates that over 50 terrorists were neutralised in two separate strike runs,” the officer said.
“The air-ground synergy under Operation Hadin Kai ensured that although the terrorists attempted to escape into forested enclaves, they were decisively engaged from the air.
“The strikes also disrupted their logistics and mobility capability within the Ngoshe–Pulka corridor,” he said.
The sources further stated that clearance and area domination operations were ongoing to forestall any regrouping attempts by the insurgents.
He noted that the Ngoshe–Gwoza axis remains a historically volatile corridor due to intermittent activities of Boko Haram and ISWAP remnants exploiting difficult terrain and proximity to cross-border forest zones.
“Operation Hadin Kai remains resolute in sustaining offensive pressure. The message is clear any attempt to attack our positions will attract overwhelming and coordinated firepower,” he said.
He assured residents of Gwoza and surrounding communities of the military’s commitment to protecting lives, supporting resettlement efforts, and consolidating gains recorded in the ongoing counter-insurgency campaign in Borno.
Military Air precision bombardment neutralises over 50 terrorists after attack on Ngoshe in Borno
News
Two arrested over alleged child trafficking in Cross River
Two arrested over alleged child trafficking in Cross River
By; Zagazola Makama
Two suspected child traffickers have been arrested by the Police in Oboho Ito community, Odukpani Local Government Area of Cross River, following a foiled attempt to allegedly sell a one-month-old baby.
Security sources told Zagazola Makama that the suspects were apprehended on March 2 after youths of the community intercepted them based on a tip-off.
According to the source, the mother of the baby, Favour Effiong, reported that on March 1, one Happiness Etim Udoh, allegedly persuaded her to bring her one-month-old child under the pretext of taking her to receive financial assistance for the upkeep of the baby.
“On suspicion, the mother informed her landlord, and community youths laid ambush for the suspect,” the source said.
Udoh was subsequently arrested alongside an alleged accomplice, Ekpo Inyang, said to have no fixed address.
Police say preliminary investigation revealed that the suspects allegedly planned to snatch and sell the baby to a woman in Abuja.
The source further disclosed that during interrogation, the suspects allegedly confessed to previously selling a child for N200,000 to a buyer in Abuja.
It was also alleged that arrangements had been made to hand over the one-month-old baby to a relative of one of the suspects in Abuja, who was reportedly pretending to be pregnant.
The baby was safely recovered and handed back to the mother.
Police said investigation into the matter had commenced, while efforts were ongoing to identify and apprehend other members of the suspected trafficking network.
They reiterated commitment to tackling child trafficking and protecting vulnerable children across the state.
Two arrested over alleged child trafficking in Cross River
News
Troops of Operation HADIN KAI repel ISWAP attack in Damasak, three residents shot
Troops of Operation HADIN KAI repel ISWAP attack in Damasak, three residents shot
By: Zagazola Makama
Troops of Operation HADIN KAI, in collaboration with Civilian Joint Task Force (CJTF)/Hunters Group, successfully repelled an attack by suspected ISWAP terrorists in Damasak town, Nganzai Local Government Area.
According to sources, the assailants invaded the town around 10:30 p.m., opening sporadic gunfire that sent residents fleeing in panic.
“Three civilians, Goni Dauda, 25, of Zanna Umarti Ward; Modu Ya’asham, 32, of Gajiram Town; and Asinamai David, 25, of Bula Kara, Gubio Town, were fatally hit by stray bullets, while Kellu Bukar, 40, an IDP camp resident, sustained a chest wound and is currently receiving treatment at General Hospital Damasak.
The troops stormed the scene and engaged the terrorists in a heavy gun battle forcing them to flee with bullets wounds.
The troops later visited the scene and evacuated the victims.
The corpses of Goni Dauda and Modu Ya’asham were released to their families for burial according to Islamic rites, while Asinamai David was buried according to Christian rites.
Security forces confirmed that normalcy has returned to the town, and monitoring continues to prevent further incidents.
Troops of Operation HADIN KAI repel ISWAP attack in Damasak, three residents shot
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