Connect with us

News

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

Published

on

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Borno Flood: Kashim Imam Begins Distribution of Cooked Meals to Victims

Published

on

Borno Flood: Kashim Imam Begins Distribution of Cooked Meals to Victims

By: Michael Mike

Former President Olusegun Obasanjo’s Parliamentary Liaison Officer, Alhaji Kashim Imam has volunteered to provide meals to large number of people displaced by recent flood the submerge more than half of Maiduguri, the Borno State Capital and its environs.

Imam, who is also a former Chairman of the Board of Trustees (BOT) of the Tertiary Education Trust Fund (TETFund), under President Muhammadu Buhari’s administration on Wednesday said the gesture became imperative in order to present many residents of the state who had been thrown into discomfort as result of the devastating flood, which has resulted in unprecedented devastation, with over 30 lives lost, 23,000 residential houses destroyed, and 414,000 people displaced, critical infrastructure, including bridges, roads, electricity systems, healthcare facilities, and schools, severely damaged, including approximately one million people losing their source of livelihood.

Imam. who is known for his philanthropic acts have had to relocate to Maiduguri to supervise the distribution to internally displaced persons camps accommodating the victims of the disaster in Maiduguri and its environs.

According to Imam who spoke during a brief press conference, “We are saddened by the shared numbers of lives lost, by our account, it’s running into hundreds and sadly their bodies are being discovered daily as water recedes. The carnage, the loss of lives, the loss of properties and unimaginable displacements.

“The immediate emphasis is on food, I have seen people crying they haven’t eaten in two days and this is an immediate concern of everybody, as water recedes and we count our losses then these other challenges will also come to the fore.

“In line with the appeal of Governor Zulum, we elected to focus on alleviating the suffering of those affected by providing food and water with immediate effect so I am happy to inform you that I am providing a total of 200,000 food packs we have already commenced with an average of 6,000 a day and we wish to scale to 10,000 packs every day,” Imam said.

Imam, who was at different times the gubernatorial candidate of the People’s Democratic Party (PDP) in the state before joining the All Progressives Congress (APC) said the food distribution is only the first step in his intervention pointing out that “ there are short, medium and long time plans of assisting the flood victims “.

He lamented that: “Almost every indigene of Borno is sad and saddened by the devastation that has befallen my home town Maiduguri . We are saddened by the sheer number of lives lost, which by all accounts running into hundreds. Nobody can give you exact accurate figures. Still and sadly there are bodies that are being discovered daily as the water recedes. Sadly nobody has the most accurate figures. It is very factual that it runs into hundreds of lives lost.

“Thousands of people are homeless. All there homes have been destroyed by the floods; nobody was prepared for this; our poele were caught unawares in the middle of the night. The floods came in the middle of the night and all accounts points at between midnight and half past midnight. Most people were already home in bed and most were asleep. All were caught unawares. Nobody saw this coming and nobody was prepared for this. The carnage, the lost of life, the loss of properties is enormous. Those that were rescued managed to escape with the cloths that they were wearing. And if you go round the metropolis, out of the 15 wards in Maiduguri, only four were not affected. Eleven were badly affected. In some of these wards, more than a week after people are still trapped they cannot come out.

Fatima Imam, one of the daughters of Imam who was part of the group that oversee the food packaging, revealed that members of her family have continued to work round the clock to ensure cooked food reaches all the victims.

She said: “We try to feed as many people as possible every day- sometimes we cook rice, stew and beef while other times Jollof rice. We cook at least 20 bags of rice every day – we sleep by 4 am and wake up by 6 am just to make sure we get food across to the flood victims.”

Borno Flood: Kashim Imam Begins Distribution of Cooked Meals to Victims

Continue Reading

News

NA BURIES LATE BRIG GEN BB TETE IN HIS HOME TOWN WITH FULL MILITARY HONOURS

Published

on

NA BURIES LATE BRIG GEN BB TETE IN HIS HOME TOWN WITH FULL MILITARY HONOURS

By Our Reporter

In line with the rich military customs, ethics and tradition, the Nigerian Army (NA) buried one of its finest senior officer late Brig Gen BB Tete who died recently after a protected illness in a solemn ceremony held on 18 September 2024 in his home town of Bakin Kogi-Kanikon in Jemma’a Local Government Area of Kaduna State. The funeral afforded senior military officers both serving and retired the opportunity to pay their last respect to one of their distinguished and finest colleagues.
The funeral brings together military elites and dignitaries from across the country.

In the late senior officer’s funeral oration read by the representative of the Chief of Army Staff, Brigadier General MT Jinadu who stood in for the General Officer Commanding 1 Division Nigerian Army Major General Mayirenso Lander David Saraso. The COAS described the late senior officer as a highly resourceful, disciplined, regimented and hardworking gentleman whose integrity was beyond reproach. “He was a man of impeccable character and unwavering dedication,” he remarked. He also highlighted the late senior officer’s ability to leave a mark of excellence in every assignment he undertook. He further emphasized that late Gen Tete’s patriotism and moral standards were exemplary, earning him the respect and admiration of both his peers, superiors and subordinates alikes.

The COAS further mentioned that late senior officer’s demise will be deeply felt not only by his immediate family but the entire Nigerian Army and the nation at large adding that his legacy of forthrightness and vast experience in the military will be greatly missed. He prayed to the Almighty God to grant him eternal rest and give the family the fortitude to bear the irreparable loss.

The funeral ceremony witnessed an impressive turnout of very senior military officers serving and retired including the former Chief of Defence Staff Gen ML Agwai and coursemate of the deceased senior officer as well as serving and retired senior officers of the Nigerian military. Together, they all gathered to honour and paid their last respect to a man whose life was defined by service, commitment and an unwavering sense of duty to humanity and his country.

NA BURIES LATE BRIG GEN BB TETE IN HIS HOME TOWN WITH FULL MILITARY HONOURS

Continue Reading

News

Former Deputy Governor Sympathizes with Yobe Govt

Published

on

Former Deputy Governor Sympathizes with Yobe Govt

By: Mamman Mohammed

The Executive Governor of Yobe state Hon. Mai Mala Buni CON today received in audience former Deputy Governor of the state Engr. Abubakar D. Aliyu CON, who paid a sympathy visit on the Governor at Government House Damaturu.

Engr. Aliyu , who is also a former Minister of Power described the Mafa attack as senseless and grossly insane, and prayed to Allah to grant the victims eternal rest in Aljannatu Firdaus.

He also condoled with the families of the deceased and prayed quick recovery for those who sustained injuries in the attack.

Governor Buni commended the former Deputy Governor for finding time to visit him to commiserate with the government and people of the state.

“It is a collective loss for all of us. I sincerely appreciate your concern and sympathy to the government and families of the victims of the attack” Buni said.

He assured the commitment of government to providing security to the people of the state, especially those in the border communities who are vulnerable to cross border crimes.

Former Deputy Governor Sympathizes with Yobe Govt

Continue Reading

Trending

Verified by MonsterInsights