Justice Inyang Ekwo of the Federal High Court in Abuja, on Monday, ordered the Nigeria Immigration Service to immediately release the passport of a former governor of Rivers State, Dr Peter Odili, which was unlawfully seized from him in July this year.
The judge held that the action of the NIS was illegal, unconstitutional and ultra vires.
Justice Ekwo, in the judgment in a suit filed by Odili to challenge the seizure of the passport, upheld the submission of his counsel, Chief Ifedayo Adedipe (SAN), that the Service and its Comptroller General lacked the constitutional powers to act in the way they did.
The reason adduced by the NIS that Odili’s passport was impounded because he was on the watch list of the Economic and Financial Crimes Commission to justify the passport seizure was rejected by the court on the grounds that such use of power was not known to any law in the country.
Justice Ekwo said the Federal High Court judgment of March 5, 2008 in which an order of perpetual injunction was granted against the EFCC prohibiting it from investigating the activities of the Rivers State Government between 1999 and 2007 when Odili held sway as the executive governor was still valid.
The judge held that until the order was voided and set aside by a competent court of records, it would remain binding on the anti-graft agency, its operatives and agents.With the order, Justice Ekwo said the NIS lacked validity on what it did and that its action was contemptuous and should not be allowed to stand.
He said, “I found that the seizure of the applicant’s passport was wrongful, illegal, contemptuous, arbitrary and above all unconstitutional.
“From the evidence, which has not been controverted in this case, the seizure of the applicant’s passport upon his return from his medical trip was done in a manner that dehumanised, belittled, harassed and derided him.
“Declaration is hereby made that the seizure of the applicant’s passport without any reason is illegal and constitute an infringement on his fundamental human rights to freedom of movement and to own moveable property as guaranteed under sections 41 and 44 of the 1999 Constitution.
“An order is hereby made directing the respondents to immediately release and return the applicant’s passport.”While ruling that the passport with number B5003305 be immediately returned to the former governor, Justice Ekwo ordered the Immigration to tender an apology to Odili in writing for the embarrassment caused by the seizure.
Justice Ekwo thereafter granted an order of perpetual injunction restraining the NIS and its agents from harassing, intimidating or infringing on the fundamental rights of Odili to freedom of movement inside or outside Nigeria.