March 28, 2024

Human Rights and Legal Research Centre

Strategic Communications for Development

Clash of Legal Titans as Nigerian Federal High Court rules in favor of Ambazonia leaders

3 min read

Ruling by the Nigerian Federal High Court of Law in Abuja, requesting Cameroon government to deport the Ambazonian leaders back to Nigeria has seen jubilation from the separatist activist and at the same time leave a lacuna of questioning between the two judicial systems. One may seemingly want to ask a question, why were they deported to Cameroon? and or were they deported illegally to Cameroon through political and not legal means?

Though there is no word to situate this verdict with how, why and what it is to the Nigerian and Cameroon governments. But it can best be explained in a five words sentence “the test of Nigerian Democracy”. What is term separation of power is the strong tool that is worthy to test the faring of democratic principles in a society where there is a claim of the respect of human rights.

The independency of the executive, legislative and the judiciary arm of government has been put to test as all eyes/ears at the national and international level await a take from the Nigerian government
The recent ruling by the Nigerian Justice System can be classified as a landmark ruling as far as the Ambazonian revolution is concern. But the question is, will the Cameroon government adhere to their call? Worthy to note is the fact that Sisiku Ayuke Tabe and Co who were arrested in January 2018 and deported from Nigeria to Cameroon has been a big blow to the Separatist activist given that they were well respected by the people of the Anglophone regions of Cameroon. But since their arrest and detention, there has been disunity within the Ambazonian frontline leaders. It is worthy to note that these Ambazonian leaders stayed incommunicado for close to a year before the commencement of their legal hearing in the Yaoundé Military Tribunal.

Given that the Nigerian government lacks competence to have extradited Ayuk Tabe and Co to Cameroon while taking into consideration the fact that the two countries has no extradition treaty, Nigeria Federal High Court ruling cannot be challenge by either Cameroon or Nigeria.

Now that the dancing drum has shifted from the political to a legal rhythm, now that it has happen that the Nigerian High Court has demanded the re-extradition of these Asylum seekers/ refugees back to Nigeria with financial compensation, what drum will the political barons play?

The pronouncement of the Court of Law is also a direct indication that in our African community, issues which need legal proceedings are always taken without seeking the aid of the judiciary by the executive arm of government. This is because if the Nigerian Federal High Court in Abuja was consulted before deporting the said Ambazonian leaders to Cameroon, this could have not been an issue because they could have at that time ruled against the extradition.

The High Court of Law did not only demand for the deportation of the Ambazonian leaders and others back to Nigeria but also demanded that the detainees should be compensated as follows. That is victims of the Nera Hotel arrest should be release and compensated with a sum of 5million naira and that all the 46 others whose rights were violated should be re-extradited and be compensated for the sum of 200,000 naira each. The arrest according to the Nigerian court was illegal and thus the violation of fundamental rights

It is said that the lead lawyer of the Ambazonian leaders, Barrister Abdul Oroh has applied for the certified copies of the ruling in Nigeria as they are preparing to go to Yaoundé Military Court for the hearing on the 7th/03/2019 Sisiku and Co’s hearing. (Bareta News)

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