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Vanguard Online Edition : Rights: Court grants Jewish community permission to sue SSS, Immigration

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Rights: Court grants Jewish community permission to sue SSS, Immigration


Wednesday, August 25, 2004

ABUJA — A FEDERAL High Court has granted leave to the Jewish community in Nigeria to serve notice on two government  agencies on enforcement of their rights.

The agencies are the State Security Service (SSS) and the Nigerian Immigration Service (NIS).
Also to be served is the Attorney-General of the federation (AG).

The group, “Nigerian Friends of Makhon, Light Israel-Africa”, had filed an application for the enforcement of their fundamental  human rights, over the continued detention of its spiritual leader, Rabbi Yisrael Oriel Ben Moshe-Shlomo.  

The members had instituted the suit against the agencies and one of their Nigerian leaders, Mr Ami Chukwuma based in Awka,  Anambra state.

The applicants are Emmanuel Okeke, Samuel Labokwe, Okechukwu Onyia, Eme Onyechere, Okafor Philip, Chukwudi  Godwin, Uzziel Tzion, Hayod Sukah and the detained Moshe-Shlomo, a Cameroun Jew.

In an Affidavit of urgency he sworn to, Mr Eme Onyechere, an adherent, said Moshe-Shlomo was based in Manchester, United  Kingdom.

He said that the detained man was in Nigeria to inspect and obtain accounts of the money sent to the mission in Nigeria.
Onyechere added that for 10 years, the leader had been sending funds and literature items to Nigeria for the teaching of the  “Torah” through the fourth defendant, Chukwuma.

He alleged that since Chukwuma was unable to account for the funds and proceeds of the literature, the leader refused to be  hosted by him (Chukwuma).

Based on that, Chukwuma allegedly petitioned against Moshe-Shlomo’s stay in the country, which led to his arrest by the  security agents.

“Chukwuma used the power and connection at his disposal to ensure that the leader was arrested and repatriated back to UK,”  Onyechere added.

He told the court that the leader was arrested and detained for eight days by the SSS and NIS without trial, adding that nothing  was found incriminating against him.

The applicants prayed the court for the declaration that the continued detention and seizure of Moshe-Shlomo’s passport were  unconstitutional and illegal.

They also asked the court for an order releasing the leader, his passport and prohibiting the defendants from repatriating him to  U.K.

They urged the court to award N1 million against the defendants as damages.  
In a motion ex-parte filed by their counsel, Mr Lukman Ahmad said the application was brought under Order 1, rule 2 (1,3) and  (6), of  the fundamental rights (enforcement procedure), Rule 1979, as preserved by the 1999 constitution.
Ahmad said the continued detention of the applicant was not in accordance with any procedure permitted by law, and was not  justified by any of the circumstances stated in the constitution of the federation.

He argued that the applicant came to Nigeria in a lawful way, adding that all his papers were valid. The presiding judge, Justice  A.I. Chikere, adjourned the case to Sept. 20 for hearing.

 

 

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