Man sues airline operator over rights violation

A Federal High Court sitting in Lagos on Monday adjourned till November 6, 2014 for further hearing in the fundamental rights enforcement suit filed by Mr. Jacob Ajumale against United Airline and the Ministry of Internal Affairs.

Ajumale has dragged the two defendants to court demanding $100m and N100m respectively from them as damages.

The applicant, through his lawyer, Mr. Femi Falana (SAN), is asking the court to declare as illegal and a violation of his rights, his alleged forceful transportation from the United States to Nigeria by the US Immigration and Customs Enforcement officers on February 25, 2011 using United Airline.

In the affidavit filed in support of his suit tagged FHC/L/CS/1543/12, Ajumale averred that, “I have been living in the US since April 12, 1997 with a visiting visa and became a permanent resident in February 2008 and had no criminal record.

“On January 22, 2009 I travelled to Nigeria for my father’s burial and on my way back I was arrested at the BWI Airport, Baltimore, Maryland by one officer Derrick and taken to a cold room where I was detained for nine hours of torture in order to force me into making an incriminating statement of using a falsified passport in 2001.

“On February 25, 2011, I was unwillingly brought back to Nigeria by two officers of the ICE with the connivance of United Airline.

“United Airline forced me into its aircraft without my passport or any form of documentation.

“I requested the airline’s crew not to convey me to Nigeria without asking the immigration officers to remove an electronic harrassment device that they had inserted into my body but the airline officials ignored me.

“While I was in the airplane I was handcuffed and held down by the two ICE officers for between 12 to 14 hours duration of the flight like a common criminal.

“I underwent excruciating psychological trauma as a result of the tracking device in my body.

“When we arrived Nigeria, I reported the painful tracking device to officials of the Ministry of Internal Affairs but they ignored me and allowed the US ICE officers to return without removing the device.

“Up till date, the chip inserted into my body through my anus has continued to make me go through a lot of torture; making me to suffer extreme pains all around my body.

“I have made several failed attempts to remove the dangerous tracking device from my body only to discover that there are insufficient medical facilities in the country to detect and remove the dangerous device.”

According to Ajumale, the device was inserted into his body while he was in the US prisons custody serving a term over false travelling passport.

He said, “I was convicted and sentenced to six months imprisonment at DC jail and Rivers Correction Centre, North Carolina. I was released to the community on August 11, 2009 after being cleared by the US Immigration and Customs Enforcement.

“But on or about August 15, 2009, I received a call to pick up my green card and passport at the ICE BWI office on August 19, 2009 but surprisingly when I got there I was re-arrested by the same officer Derrick who said they made a mistake to have released me.

“While in detention at Worcester Detention Centre, Snow Hill, Maryland, an ICE officer, one William Malone told me I could be released but it was going to cost me money. I told my lawyer about it and she reported to some senior officers at the ICE. Afterwards I became the target of the ICE officers. I was maltreated by three officers who flung me to an empty steel bed.

“In August 2010 I was moved to Fredrick Detention Centre, Fedrerick, Maryland and same aggression was repeated against my person.

“On December 3, I was invited by the chaplain, Pastor John, for Bible study with two other detainees and coming back from the chaplain’s office, I felt a strange movement in my umbilical cord and showed it to an inmate, Mr. Al.

“We quickly approached the officer on duty to take me to the medical unit but instead I was crushed to the floor by eight white officers and my pants were opened and a chip was put in my anus. I screamed but no one could help me.

“Since then, I’ve been feeling a lot of strange movements in my body.”

Ajumale is seeking a declaration of the Federal High Court that United Airline and the Ministry of Internal Affairs violated his rights to freedom of torture and rights to dignity as enshrined in Sections 34 and 35 of the Nigerian Constitution and the provisions of the African Charter on Human and Peoples Rights.

He is praying the court to award sums of $100m and N100m respectively against United Airline and the Ministry of Internal Affairs in his favour.

Ajumale is also seeking a court order directing that both defendants remove the tracking device allegedly inserted into his body by the US ICE.