Justice Inyang Ekwo of the Federal High Court sitting in Abuja, on Monday, revoked the N2 million fine imposed on the Nigerian Immigration Service (NIS) and its lawyer, Jimoh Adamu.
The revocation of the fine followed a confirmation that the NIS that unlawfully seized the passport of the former Rivers state governor, Dr Peter Odili, has returned it back to him.
NIS said that the passport seized on the order of the Economic and Financial Crimes Commission (EFCC) was returned to Odili on December 20, 2021.
Lead counsel to the Immigration Service, Adamu, in an affidavit of compliance dated February 6, 2022, but filed on the 7th, told the court that the document was released to Odili based on the judgment of the Federal High Court.
He, however, said that the Immigration Service has already filed an appeal at the Court of Appeal in Abuja to challenge the order of the Federal High Court to release the passport to the former governor.
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The counsel protested alleged embarrassment caused him and his client by the lead counsel to Odili, Chief Ifedayo Adedipe (SAN), by allegedly misleading the court on December 21, 2021, that the passport had not been released to his client.
He urged the court to revoke the N2 million fine imposed on him and the immigration on the ground that the passport was released on December 20, 2021, whereas the order imposing the fine on him was issued on December 21, 2021, 24 hours after the passport was released through Odili’s daughter, who is a judge of the High Court of the Federal Capital Territory (FCT), Njideka Nwosu-Iheme.
The counsel tendered the letter of acknowledgement by the former governor confirming the receipt of the document and urged the court to reverse the N2 million fine imposed on him and to also reverse another order asking the AGF to penalise him.
Odili’s counsel informed the court that his client has confirmed the release of the passport to him.
In his brief ruling, Justice Ekwo held that in view of the information by the immigration counsel and in view of the confirmation by Odili’s lawyer, that the order of the court has been obeyed, the N2 million fine imposed on the NIS and its counsel and another order that the AGF should penalise him are all reversed.
The judge subsequently fixed May 25, 2022, for a report of the Court of Appeal proceeding in respect of the appeal against the judgment of the trial court.
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