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 sums
of $100m and N100m respectfully.
Ajomale claimed to have been unlawfully arrested, detained and
deported in handcuffs from US to Nigeria aboard a United Airlines
aircraft in 2010 despite having become a permanent resident in the US in
February 2008 and having no criminal records.
He claimed to have been 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 on board United Airlines aircraft without his travelling papers.
But 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 upon but
noted that there was a major defect in the said affidavit.
“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 is
fundamental rights to dignity of human person 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 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, 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 all the inhuman treatment alleged by Ajomale
were not in the knowledge of the airline, 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 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.
He claimed to have been subsequently arraigned, tried, convicted and
sentenced to six months imprisonment at the DC jail and Rivers
Correction Centre, all in North Carolina before he eventually gained
freedom on August 11, 2009 at 7pm.
He, however, added shortly after his release from prison and cleared
by ICE, he was re-arrested on August 15, 2009 by Derrick, who claimed
that his release was a mistake.
He had therefore been handcuffed and deported to Nigeria aboard United Airlines.
