Nigerian man loses $100m suit against United Airlines for being deported
A Federal High Court in Lagos has struck out a suit filed by
human rights lawyer, Femi Falana (SAN), to challenge the
alleged unlawful deportation and inhuman treatment of
Jacob Ajomale, by immigration officials of the United States
of America in 2010. In addition to the Attorney General of
the Federation sued as the third respondent, Falana also
sued United Airlines and the Ministry of Internal Affairs
from which he sought compensation for Ajomale in the
sums of $100m and N100m.
Ajomale claimed to have been unlawfully arrested, detained
and deported in handcuffs from the US to Nigeria aboard a
United Airlines air craft in 2010 despite having become a
permanent resident in the US in February 2008 and having
no criminal records.
He claimed to be carrying in his body, since 2010, a
tracking device, in form of a micro chip, allegedly inserted
into his body, through his anus, by the US Immigration and
Customs Enforcement prior to his deportation. He claimed
to have been put onboard the United Airlines aircraft
without his travelling papers.
However, in a judgment on Thursday, Justice Mohammed
Idris struck out the suit, after holding that there was a
major defect in the supporting affidavit.
Idris said since there was no oral evidence before the court,
the affidavit was the only evidence the court could have
relied on, but he noted that there was a major defect in the
said affidavit, rendering the suit incompetent.
“Without a supporting affidavit, this application
cannot stand. “It cannot stand because the affidavit
in support constitutes the evidence, since no oral
evidence was called. “Without an affidavit, there is
no evidence to support this application and the
application has failed. “It failed and it is hereby
struck out,” Idris held.
The judge awarded a cost of N5, 000 against Ajomale after
striking out the suit.
Falana had sought a declaration that the alleged unlawful
deportation and inhuman treatment of Ajomale in the US
was a violation of his fundamental human rights and right
to mental and physical health as preserved by sections 35
and 41 of the Nigerian Constitution and Articles 6 and 12 of
the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act.
He urged the court to hold the United Airlines liable for what
he termed his “illegal transportation without his passport
and in handcuffs like a criminal aboard the airline from the
US to Nigeria.”
He accused the United Airlines of conniving with or aiding
the US authorities to carry out what he claimed to be his
unlawful deportation.
But in opposition to Falana, the United Airlines, through its
lawyer, Mr. F.A. Daniel, challenged the territorial jurisdiction
of the Nigerian court to adjudicate over issues which he
said transpired in the US.
Daniel submitted that the airline was unaware of
the inhuman treatment alleged by Ajomale saying the airline
could not be held liable.
“There is absolutely no cause of action against the
1st respondent. “The first respondent was only
obeying the law of the land from where it took off.
The idea being touted by the applicant that the 1st
respondent should disobey the US authorities is
reprehensible,” Daniel argued. “Your Lordship has
no power, whatsoever, to adjudicate over this
matter. A Nigerian court cannot question the action
of a foreign country,” Daniel added.
Ajomale alleged that he was wrongfully arrested at BWI
Airport in Baltimore, Maryland in 2009, detained and
transported in handcuffs from the US to Nigeria aboard an
aircraft belonging to the United Airlines. He claimed to have
been locked up in a cold room for nine hours by a certain
officer Derrick, in an effort to extract an incriminating
statement from him to the effect that he was an illegal
immigrant.
Punch
human rights lawyer, Femi Falana (SAN), to challenge the
alleged unlawful deportation and inhuman treatment of
Jacob Ajomale, by immigration officials of the United States
of America in 2010. In addition to the Attorney General of
the Federation sued as the third respondent, Falana also
sued United Airlines and the Ministry of Internal Affairs
from which he sought compensation for Ajomale in the
sums of $100m and N100m.
Ajomale claimed to have been unlawfully arrested, detained
and deported in handcuffs from the US to Nigeria aboard a
United Airlines air craft in 2010 despite having become a
permanent resident in the US in February 2008 and having
no criminal records.
He claimed to be carrying in his body, since 2010, a
tracking device, in form of a micro chip, allegedly inserted
into his body, through his anus, by the US Immigration and
Customs Enforcement prior to his deportation. He claimed
to have been put onboard the United Airlines aircraft
without his travelling papers.
However, in a judgment on Thursday, Justice Mohammed
Idris struck out the suit, after holding that there was a
major defect in the supporting affidavit.
Idris said since there was no oral evidence before the court,
the affidavit was the only evidence the court could have
relied on, but he noted that there was a major defect in the
said affidavit, rendering the suit incompetent.
“Without a supporting affidavit, this application
cannot stand. “It cannot stand because the affidavit
in support constitutes the evidence, since no oral
evidence was called. “Without an affidavit, there is
no evidence to support this application and the
application has failed. “It failed and it is hereby
struck out,” Idris held.
The judge awarded a cost of N5, 000 against Ajomale after
striking out the suit.
Falana had sought a declaration that the alleged unlawful
deportation and inhuman treatment of Ajomale in the US
was a violation of his fundamental human rights and right
to mental and physical health as preserved by sections 35
and 41 of the Nigerian Constitution and Articles 6 and 12 of
the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act.
He urged the court to hold the United Airlines liable for what
he termed his “illegal transportation without his passport
and in handcuffs like a criminal aboard the airline from the
US to Nigeria.”
He accused the United Airlines of conniving with or aiding
the US authorities to carry out what he claimed to be his
unlawful deportation.
But in opposition to Falana, the United Airlines, through its
lawyer, Mr. F.A. Daniel, challenged the territorial jurisdiction
of the Nigerian court to adjudicate over issues which he
Daniel submitted that the airline was unaware of
the inhuman treatment alleged by Ajomale saying the airline
could not be held liable.
“There is absolutely no cause of action against the
1st respondent. “The first respondent was only
obeying the law of the land from where it took off.
The idea being touted by the applicant that the 1st
respondent should disobey the US authorities is
reprehensible,” Daniel argued. “Your Lordship has
no power, whatsoever, to adjudicate over this
matter. A Nigerian court cannot question the action
of a foreign country,” Daniel added.
Ajomale alleged that he was wrongfully arrested at BWI
Airport in Baltimore, Maryland in 2009, detained and
transported in handcuffs from the US to Nigeria aboard an
aircraft belonging to the United Airlines. He claimed to have
been locked up in a cold room for nine hours by a certain
officer Derrick, in an effort to extract an incriminating
statement from him to the effect that he was an illegal
immigrant.
Punch
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