Lulu-Briggs V. Immigration & EFCC: Full Judgement
Click to download Lulu-Briggs V. Immigration & EFCC: Full Judgement
MRS. SEINYE LULU BRIGGS
V.
1.COMPTROLLER-GENERAL OF IMMIGRATION
2. NIGERIAN IMMIGRATION SERVICE
3. EFCC
Suit No: FHC/L/CS/147/2020
The judgement was given on 21st February, 2022 by Justice Faji; Presiding Judge of the Lagos Division of the Federal High Court.
The judgement holds that:
1. The 1st and 2nd Respondents (the Immigration Services) can lawfully prohibit the movement of any person so far there is a certified order of a court of competent jurisdiction or if there is a warrant of arrest. A warrant of arrest can only be issued by a court of law (Judge or Magistrate).
Click to download Lulu-Briggs V. Immigration & EFCC: Full Judgement
2. The letter from the 3rd Respondent (the EFCC) directing the arrest of the Applicant did not constitute a warrant of arrest in any form or manner and cannot be a basis for restricting the movements of the Applicant.
3. There is no law in Nigeria that prevents a Nigerian from entering Nigeria. The Nigerian law permits the 1st and 2nd Respondents from preventing a person from leaving Nigeria and not to prevent him from entering or delay his entry into the country.
4. The detention and seizure of the Applicant’s passport are in clear violation of Section 35 of the Constitution and declared null and void.
Click to download Lulu-Briggs V. Immigration & EFCC: Full Judgement
5. The travel ban on the Applicants by the 1st and 2nd Respondents by way of a watchlist is a violation of the Applicant’s right to fair hearing as she was not allowed to make representations before she was placed on the said travel ban.
6. The fact that the 3rd Respondent foisted the doing of an illegal act on the 1st and 2nd Respondents does not give the 1st and 2nd Respondents the cover for illegality. The 1st and 2nd Respondents are both as liable if not more culpable than the 3rd Respondent.
7. An Award of the sum of N15,000,000.00 (Fifteen Million Naira) was granted in favour of the Applicant as exemplary damages, jointly and severally against each of the Respondents.
8. Also, each of the Respondents is to publish an apology to the Applicant in two national newspapers and in particular either The Guardian or The Punch Newspaper.
Click to download Lulu-Briggs V. Immigration & EFCC: Full Judgement
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