Jacob Ajomale, the man who claimed to have been illegally deported from the US has lost his bid to secure a court order to the effect that the deportation was a violation of his human rights.
A Federal High Court in Lagos struck out the suit on the grounds that the supporting affidavit was defective. Justice Mohammed Idris held that since there is no other oral evidence in the case, the court can solely rely on the affidavit
“Without a supporting affidavit, this application cannot stand. “It cannot stand because the affidavit in support constitutes the evidence, since no oral evidence was called. “Without an affidavit, there is no evidence to support this application and the application has failed. “It failed and it is hereby struck out.” The judge said.
Mr. Ajomale in the suit alleged that he was wrongfully arrested, detained and deported by the immigration authorities of the United States of America. He accused United Airline of collaborating with the US immigration to deport him in handcuffs from US to Nigeria.
He also claimed to be have a tracking device inserted in through his anus in 2010 by the US immigration before his deportation.
Counsel to United Airline, F.A. Daniel, had questioned the jurisdiction of the court to adjudicate on a matter that took place in another country with a different jurisdiction.
“There is absolutely no cause of action against the 1st respondent. “The first respondent was only obeying the law of the land from where it took off. The idea being touted by the applicant that the 1st respondent should disobey the US authorities is reprehensible,”
“Your Lordship has no power, whatsoever, to adjudicate over this matter. A Nigerian court cannot question the action of a foreign country,” Mr. Daniel argued.
Losing out in the application meant that Mr. Ajomale lost the $100m he was demanding as compensation from the Airline.