Kehinde Fajobi
The Federal High Court in Abuja has directed the Ministry of Foreign Affairs and the Nigerians in Diaspora Commission (NIDCOM) to repatriate over 270 Nigerians detained in Kaliti Prison, Ethiopia.
Justice Inyang Ekwo, in a judgment delivered on November 14, issued an order of mandamus compelling the two agencies to act after the Ethiopian government declared it lacked the budget to cater for the detainees.
“I find that the applicants have made a credible case for this court to issue an order of mandamus to compel the 1st and 2nd respondents to perform their statutory functions, and I so hold,” Justice Ekwo ruled.
The case was initiated by three Nigerians, Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor, on behalf of the detainees.
They argued that the detainees’ rights had been violated, citing constitutional provisions and international human rights laws.
In a supporting affidavit, Mmaduagwu revealed that his cousin, along with over 270 Nigerians, was being held in harsh conditions in Kaliti Prison.
Many detainees were reportedly arrested without trial, denied interpreters, and subjected to inhumane treatment.
“Some of the persons in the prison were not even tried as they do not understand the language and neither were they offered the services of an interpreter,” Mmaduagwu stated.
He also alleged that prisoners faced routine torture, lack of medical care, and were forced to admit to crimes they did not commit.
“Every week, about two or three deaths are recorded. They have not been buried, neither have their corpses been brought to Nigeria,” he added.
Justice Ekwo criticised NIDCOM and the Ministry of Foreign Affairs for failing to fulfil their statutory duties.
He noted that Nigerians detained abroad had the right to expect intervention from their government.
“The 1st and 2nd respondents cannot be allowed to argue their way out of their respective statutory functions,” the judge declared.
While the court refused to declare the detainees’ rights violated, it directed the government agencies to urgently facilitate their return.
The applicants had argued that the Ethiopian government’s declaration of its inability to provide for the detainees underscored the need for immediate action.