A Federal High Court, Abuja on Tuesday awarded a N2 million fine against the Nigerian Immigration Service over the refusal to comply with its order on the release of the travel documents of former Rivers State Governor, Dr. Peter Odili.
Justice Inyang Ekwo also directed the Attorney-General of the Federation to take disciplinary action against counsel to the NIS, Malam J.A. Adamu, for alleged unprofessional conduct.
The News Agency of Nigeria reports that Justice Ekwo had on October 18 in a suit filed by Odili against the NIS and its Comptroller General, ordered the immediate release and return of his International passport with number B50031305.
Ekwo had also ordered the NIS to write an apology to Odili for the unlawful seizure of his passport as well as the embarrassment meted to him.
However, about 37 days after the court judgment, the NIS on November 23 told the court to stay execution because it had appealed the judgment.
In a motion filed before the court, the NIS had sought a stay of execution on the judgement.
Justice Ekwo, who then adjourned on the condition that the NIS must submit Odili’s passport with the court registrar as a condition for their motion to be heard, fixed a date for hearing the application.
But on the adjourned date, no counsel appeared for the NIS.
Counsel to Odili, Ifedayo Adedipe (SAN), made an application against the NIS, urging the court to award fine for their disregard to court order.
Justice Ekwo then adjourned the matter again.
At the resumed hearing on Tuesday, the NIS was not represented in court again.
Delivering his ruling, the judge expressed surprise that despite the motion filed by the NIS, no counsel was in court to take it.
He said: “This is the second time this matter is coming up after it has been said for the respondent/applicant (NIS) to comply with order of the court.
“I have given the respondent/applicant ample time to comply with court order.”
Ekwo noted that on the last adjourned date, the NIS was not represented in court, making the matter to be adjourned.
“Today, the respondent/applicant is also not in court,” he added.
He said it was glaring that the NIS was not ready to comply with the order.
He said: “Consequently, I make an order directing the respondent/applicant to pay N2 million fine in favour of applicant/respondent (Odili)” for making him to be represented in court while the NIS did not send any representation.
The judge, who ordered the AGF to take a disciplinary action against Adamu, for his unprofessional conduct in the handling of the case, directed the lawyer to appear in court on the next adjourned date and show cause why action should not be taken against him.
Justice Ekwo adjourned until January 22, 2022 for hearing of the application.
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