Accra, May 2, GNA – The ECOWAS Court of Justice has fixed 2 May 2023 to begin hearing in a case filed by a Nigerian, who is asking the Court to order his deportation from the United States, where he is serving a 12 year imprisonment for wire fraud, in order to complete the remainder of his sentence in Nigeria.
In the suit, the Applicant, Richard Ugbah, who was sentenced to 12 years imprisonment having been found guilty of wire fraud by a US court on February 14, 2027 is asking the ECOWAS Court for the order having satisfied the requirements for such a transfer.
The Applicant, who was represented by his counsel, Augustine Ezenwankwo and Kayode Fasetire said that the request to complete the term in a Nigerian correctional center is premised on the legally binding United Nations Convention against transnational Organised Crime, 2000, particularly Article 17 which is given effect to under Article 34 of the said convention.
Mr. Ugbah, who is due for release on 8 May 2026, also prayed the Court to order the 1st and 2nd Respondents, the Federal Republic of Nigeria and the Federal Ministry of Justice, respectively, to visit him and other Nigerians serving jail terms abroad in order to determine those interested in being transferred to Nigeria in order to serve the remainder of their sentences.
Among the reliefs being sought is a declaration of the Court that having met all the cumulative requirements for prisoner transfer from the United States of America to Nigeria, the applicant is eligible for such a transfer, pursuant to the legally binding United Nations Convention against transnational Organised Crime, 2000, particularly Article 17 which is given effect to under Article 34 of the said convention.
He is also asking for an order of the Court directing the Respondents, to liaise with and initiate the process for the transfer, through relevant Departments of the US Government or respective sentencing Authority(s) in the US.
Finally, he asked for an order of perpetual injunction restraining the Respondents from arresting, detaining and or investigating or prosecuting the applicant on the same set of facts for which he has been convicted, sentenced and or served jail time in the USA.
In the initiating application, the Applicant averred that he is Nigerian citizen resident in the US who was convicted by District Court for the Western District of Wisconsin after he pleaded guilty on one count of wire fraud on 14/2/17 and was sentenced to twelve (12) years imprisonment. Additionally, he pleaded guilty on 15th November 2017 on another count of conspiracy to commit fraud and judgment was entered on 22/11/17.
The applicant further stated that having served eight years of the sentence, he is due for release on 8th May 2026.
He urged the Court to issue the orders having satisfied the conditions for deportation in order to complete the term in Nigeria in line with the provision of the United Nations Office on Drugs and Crime Handbook on the International Transfer of Sentenced Persons
He also averred that the transfer of sentenced persons is seen to be an important means of co-operation to prevent and combat crimes, which is the purpose of the United Nations convention against illicit traffic in Narcotic drugs and psychotic substances of 1998, the United Nations Convention against corruption and the United Nations Convention against Transnational organized crime.
The applicant further asserts that all (3) three conventions mentioned above refer to the possibility of concluding agreements to facilitate the transfer of persons convicted abroad for the offences covered by the conventions to another state to complete their sentence.
In a separate application, the Applicant filed a motion of notice of registration arguing that the name of the 2nd Respondent, the Federal Ministry of Justice, be struck off from the suit in its entirety and that the originating process be amended in terms of Exhibit A attached to the affidavit in support of this matter.
But the Respondents, who are represented by Mrs. Maimuna Lami Shiru and two others raised a preliminary objection arguing that the Applicant’s Originating Process is incompetent having regard to Article 9 and 10 of the Supplementary Protocol (A/SP./01/05). They added that the 2nd Respondent, the Ministry of Justice is neither a Community Institution nor a signatory to the Economic Community of the West African States Treaty and therefore not a proper party before the Court
They therefore urged the Court to strike out the notice of registration for want of jurisdiction and lack of cause of action.
The case will be heard by a three-member panel composed of Justices Dupe Atoki (Presiding), Sengu M. Koroma (Member) and Ricardo Claudio Monteiro Gonçalves (Member).
GNA