Activist lawyer Femi Falana (SAN) has accused National Security Adviser (NSA) Babagana Monguno of “acting illegally” in the deportation of 52 naturalised Nigerians to Cameroon two weeks ago.
He said yesterday in a statement that under the National Security Agencies Act (Cap N74) Laws of the Federation of Nigeria, 2004 and the Immigration Act 2015, NSA Monguno is not competent to arrest, detain and deport any alien or immigrant from Nigeria to any other country.
Falana urged President Mohammadu Buhari to bring back the naturalised Nigerians, who were deported to Cameroon by the NSA.
Falana disagreed with General Monguno that the deportees were illegal immigrants in the country.
In an open letter to the President yesterday Falana, who claimed to have the mandate of the affected persons to represent them, said:
“Our clients are not illegal immigrants in Nigeria. Three of them are naturalized Nigerian citizens while others are recognized refugees and political asylum seekers in Nigeria”, he stated adding that their names and status are set out in the list of deportees attached to his open letter to the President.
”Out of the 52 people who were expelled from Nigeria the Government of Cameroon has maintained that the National Security Adviser handed over to it 47 deportees. Up till now, the National Security Adviser has not accounted for the whereabouts of the remaining five detainees
”The National Security Adviser knew that two of our clients are naturalized Nigerians, six are refugees while 37 others are political asylum seekers who are entitled to be protected by the Federal Government of Nigeria. For the avoidance of doubt, the Office of the United Nations Commissioner for Refugees in Nigeria drew the attention of the National Security Adviser to the legal obligations of Nigeria to respect the rights of our clients”, he contended.
The letter read in part: “Twelve of our clients who are the leaders of the people of Southern Cameroon and who have been living in Nigeria for several years were assembled for a meeting at Nera Hotel, Abuja on Saturday, January 6, 2018 to discuss the challenges faced by the over 10,000 Cameroonians who have sought political asylum in Nigeria due to persecution and repression under the Paul Biya regime in Cameroon.
”But before the commencement of the meeting a team of armed security personnel invaded the venue, abducted our clients and took them away to an undisclosed place.
“The Police and the security agencies denied knowledge of the abduction of our clients. Consequently, all efforts made by the lawyers, doctors and family members of our clients to visit them in custody were frustrated without any legal justification. Even Mrs. Nalowa Bih who is pregnant was denied medical attention by the National Security Adviser.
”However, a representative of the Office of the United Nations Commissioner for Refugees in Nigeria was allowed to visit our clients at the request of the Ministry of Foreign Affairs. During the visit, the United Nations representative found that our clients were held in an underground cell at the headquarters of the Defence Intelligence Agency on the orders of the National Security Adviser.
”On account of the refusal of the National Security Adviser to allow access to our clients by their lawyers, relatives and doctors we filed an application at the Abuja Judicial Division of the Federal High Court on Thursday, January 25, 2018 for the purpose of securing their fundamental rights to personal liberty and freedom of movement.
”Notwithstanding the pending suit and the intervention of the Office of the United Nations Commissioner for Refugees, the National Security Adviser expelled our clients from Nigeria and deported them to Cameroon on Friday, January 26, 2018.”
“By a consent judgment delivered by the Court on March 5, 2002, the Federal Government was directed to file a suit at the International Court of Justice to have a judicial confirmation of the human right of the people of Southern Cameroon to self determination. Attached herewith and marked annexure A is a certified true copy of the judgment.
”The Federal Government also undertook to take other measures as may be necessary to place the case of the people of Southern Cameroon for self determination before the United Nations General Assembly and other international organizations.”
”Even though the suit has not been filed at the International Court of Justice the Federal Government has continued to recognize the human rights of our clients and other people of Southern Cameroon to self determination”, he stated
