By Innocent Anaba and Emmanuel Aziken,
A Federal High Court sitting in Lagos, yesterday declared as illegal, Federal Government’s deportation of the Vaswani brothers.
Trial judge in the matter, Justices Mohammed Liman, held that Federal Government either observed the law or followed due process in the deportation of the Vaswani brothers.
The court also restrained government from confiscating or sealing up their business premises and assets in any manner whatsoever, harassing or disrupting their operation in the country.
Government was also stopped by the court, whether by itself, its agents, servants, departments from enforcing or giving effect to the letters of April 8, 2009 withdrawing the Expatriate quota positions of the Vaswani brothers and their business concern in the country.
Meanwhile, the Vaswani brothers have hailed court’s ruling, saying it was a refreshing hope for other entrepreneurs in the country.
The court on whether the deportation was an Act of State, which is not subject to judicial review as argued by the Federal Government, the cited section 18, 19 and 45 of the Immigration Act and held that the action of the government was an administrative one, which must be based on law and that the constitution empowers the court to determine whether those actions are in accordance with the law.
Sunil Vaswani
The Vasani brothers, their company Stallion Group Limited and 30 Expatriate staffs of the company, will be recalled, had dragged government to court in April this year, seeking leave to enforce their fundamental human rights against plan by the government to deport them from Nigeria.
Defendants in the suit are the Attorney General of the Federation, Mr Michael Aandoakaa (SAN); Minister of Interior, Gen. Goodwin Abbey, Nigerian Immigration Service, State Security Service and the Inspector General Of Police, Mr Mike Okiro.
The Vaswani brothers, had through their counsel, prayed the court for an order, restraining the government by themselves, agents, servants, departments from enforcing or giving effect to the letters of April 8, 2009 withdrawing the Expatriate quota positions of the Plaintiffs and stay all actions pending the determination of the originating summons.
They had also asked the court to restrain the defendants from deporting them from Nigerian pending the determination of suit.
The had also prayed the court for an order restraining the defendants from confiscating or sealing their business premises and assets in any manner whatsoever harassing or disrupting the their operation pending the determination of the case.
The Federal Government had opposed the application, contending that the court lacked the jurisdiction to hear the case because the withdrawal of the Expatriate Quota and the consequent deportation, were actions taken by the Federal Government against the plaintiffs constitute an “Action of State”
Government argued that said action can not be interfere with by the judicial, which is another arm of government, as it lacks the requisite jurisdiction to hear the matter as presently conceived.
But the court held otherwise and over ruled government.
Meanwhile, have the Vaswani brothers, have hailed the court order reversing their deportation from the country, saying it was a refreshing hope for other entrepreneurs in the country.
The brothers, Sunil, Haresh and Mahesh Vaswani in a statement by their company Stallion Group said that their adherence to the rule of law remains unwavering even as they expressed appreciation to President Umaru Yar’Adua and other security agencies for applying due process on the issue.
They said, “we are grateful to the President of Nigeria for his gracious support of the due process in our case and are thankful that justice has finally been delivered. The judgment puts an end to our unfortunate predicament and paves way for progress on several fronts in this great country, notably on heavy industries and agriculture. With this judgment, Nigeria has given further assurances of protection for foreign investors,” the statement read.
“Our foreign partners and technical collaborators would no doubt now be encouraged to enhance their investments in the country, in alignment with Federal Government’s objectives on attraction of capital in key industries.’’
“Our 40 year old record in Nigeria spanning diverse industries has been unblemished as we have always strived to run a highly compliant business operation. Stallion or its promoters have never been convicted of any offence during the past four decades. The Stallion Group is not involved in any act of economic sabotage.’’
“In spite of hardships faced preceding the judgment, we also thank EFCC and the NIS for their patient adherence to the rule of law that has led to the establishment of our innocence and their efforts in combating unhealthy business practices in Nigeria.”
“As always we remain keen and inclined to strictly comply with all the laws of the country and cooperate with EFCC and other governmental bodies in the performance of their challenging duties.”
The Federal High Court presided over by Justice Liman according to the statement also nullified the withdrawal of expatriate quota of companies within the Stallion Group and the repatriation of its expatriate Staff.
Due process should be observed nigerians are aware of all this old gimmicks of the Government,We nigerians should not be fooled ok,Let the court judge them with equality,Justice should prevail,Gone of the days of ignorance,Those days God overlook ok,The government should be tempered justice with mercy,What can nigeria confidentally boast of its a shame to us all nigeria,Especially the govt,.on big cars,they are fooled they should think,What does EU European Union,Have as a Union,Africa at large should wake from slumber,before the entire country get burnt one night when all nigeria innocence citizens will be asleep,What an insinuating is that lets emulates what other leading countries in the world are doing to take nigerians to the promised land,i let my case rest here,Dont forget let our fellows indians brothers do there things,Atleast they are serving a substitute in area of employment too,To some nigerians,so the govt sholud think,But if they are guilty let them packed there belongings are go somewhere else,Nigeria sholud please lets tempered justifices with mercies,thanks nigerians.
I am glad that the Court of Justice is gradually making indpendent
dedcisions based on evidence. Ofcourse, most people including
ordinary Nigerians believe in their natural conscience that these
brothers were deported out of Nigeria on premise of greed and moreso
as intimidation to foreiegners doing businesswith Nigerian politicians.
It is truly unfair and sparks lots of question about our nation echoing for
foreign investors.
My suggestion is, if Nigeria don’t like foreigners, they should say so
from the on start and spell it out on terms of agreement. Letting the
come inn, invest all they could and when the declined to be used for
illegal activities, we turn arround and keep them out without provisional
considerations . It is not only illegal, imoral, untraditional and unacceptable
As a Nigerian, we are not bad citizens and we are not all immoral idiots.
When we confront injustice overseas we applaud the hos citizens who
stand against it and against the respective citizens and governments.
I believe such as being reciprocality and transparency and above all,
the easiest way the world should be a better place. Those who migrate
to Nigeria from other cvountries with hope of trying to muscle us down
to their rotten culture, we would advocate they leave our land and those
willing to stay and respect our ways of life, we must give santuary. The
political pressure was initiated to deport them and confiscate all their
invested holdings in Nigeria. What more could have been their motives ?
Now the Court has decided, the Federal Ministry of Immigration and
ForfeignAffairs, must make efforts to repatraite these people back to
Nigeria at Nigerian Government expence unless they are no longer
interested to come back to Nigeria. Shame on our rotten politicians.
When Indians establish businesses in Nigeria, they select powerful Nigerians as Chairmen of these companies. Has anything ever happened to these chairmen? Nigeria at 50 can not manufacture bicycle. Indians are producing BAJAJ Tricycle and TATA vehicles, pharmaceuticals and the cloths we wear for us. Our chairmen are enjoying. The Vasuani and co in Nigeria should be allowed to enjoy so that we shall catch up in year 2020. Excellent.
The vaswanis where taken out to create a monopoly for other interested business men… if the efcc or nigerian immigration has a case against them.follow due process….after the final judgment could they be deported….if you deport them now, the vaswanis would just go to the uk and sue nigerian for expropriating their properties and violating their rights against the consonance of international law…even if nigeria was performing a sovereign or acts of states…take them to court, let every hear one know what they have done…the idiots have been collecting bribe from these indians since time immemorial and cannot do this…
Nigerian have not yet understand why indians are flooding africa. The reason is that indian like to move to move toa country where the government is too corrupt and breed like flies. They find their way by bribing and corrupting the government of that country and became weathy and brings their family and friends to join them, before you know it everywhere in the country is full of indians. After that they begin to create a separet community for themselves and start using using poor nigerian as their house slave. while the so called leaders relex and watch these kind of abuse on its people. Indians never like to see africans in their country. Africans in indian are often been huminated in public as a show of pride to their people. The last thing an indian person will do is to accept an african to live in their rented apartment. But here in africa they choose to live in the best part of the country and even gets a loan from our banks to extablish a company which they will not not do to an african in their own country. Iam saying this to let africans especially nigerian government to see how stupid they are in allowing foriegner to abuse african system and their people.
The adjudication of the suit restraining the deportation of vaswanis is the beggining of echewing a genuine fundamental human rights by the nigerian govt.this will go a long way in ameliorating the devastated socio-economy being subjected to by the nigerians in recent time.
Wole ogundele(spain)
everyday Vaswani sh*t,is it not shameful that we cannot deal with these dubious Indians and forget them?can,t they go back to their place,can they do these illegal things thy,re doing here in London without paying their taxes?one day we,ll match to Apapa and throw those Indians and Lebanese out of this country if the government cannot do it,
god bless nigeria and god bless vaswanis