The applicant, in his fundamental rights application in suit FHC/L/ C3/895/2022 filed through his counsel, Mr. Ademola Owolabi, claimed that the incident happened on June 10, 2017.

He claimed further that he was then detained and handed over by the NIS to the Police Special Fraud Unit, adding that there was no court proceeding before the “extraordinary rendition.”

He added that despite his detention for months, the Police established no allegation against him, following which he was released.

He said upon his release from SFU custody, the NIS refused to return his passport.

According to him, his extraordinary rendition/arrest and/or detention and confiscation of his passport were unlawful.
Nwaokpara prayed the court for nine reliefs, including a declaration that his arrest in Kenya and refusal to produce him before a Kenyan Court for the purpose of extradition were unlawful.

“A declaration that his deportation/extraordinary rendition was illegal, and that the confiscation of his International Passport AO6128442 since June 13, 2017, is unlawful, and unconstitutional,” he prayed.

He further prayed for an order directing the NIS to “forthwith” release the International Passport as well as an order directing the NIS to write to the Kenyan Immigration Service that he is neither a criminal nor was being investigated by the Federal Government.

The applicant is also praying for an injunction restraining the respondent whether by himself or officials, officers, agents, servants, privies or otherwise howsoever of the Nigeria Immigration Service from further deporting, arresting, detaining or in any other manner infringing on the fundamental rights of the applicant.