By Ikechukwu Nnochiri
Chief Executive Officer of Wilbros International Incorporated, Mr. James Kenneth Tillery, who was earlier declared wanted by the Interpol, Monday, approached a Federal High Court sitting in Abuja, asking it to restrain the Nigerian government from deporting him to the United States of America.

He is accused of conspiring with a former consultant to Willbros, one Paul G. Novak, and made more than $6 million corrupt payments to Nigerian and Equitorian government officials in order to obtain and retain gas pipeline construction and rehabilitation business from state owned oil companies.

He allegedly escaped to Nigeria on the discovery that he was indicted in the offence of 18 USC 371, 15 USC 78 dd and USC 195(h) in violation of title United State Code Sections of conspiracy, money laundering and foreign corrupt practices.

As the security watch and investigations was going on, the Federal Bureau of Investigation, FBI, on August 3, alerted the Nigerian Inspector General of Police that the wanted man American, Tillery, maybe residing in Lagos and frequenting several social clubs in town, requesting that he should be located, arrested and taken into custody so that he could be transferred to the FBI for transportation to USA to answer to the pending criminal charges against him.

Though he was accordingly apprehended in Lagos, the embattled American, while under protective custody of the Nigerian police, engaged two different law chambers, contending that having naturalized in Nigeria in 2009, that it would be unconstitutional for the Federal Government to grant an extradition request against its own citizen.

In an originating summons he filed through his lawyers, Tayo Oyetibo, SAN, and Chuks Nwachukwu, Tillery is seeking 5-principal reliefs from the high court, among which is “a declaration that the applicant being a citizen of Nigeria by naturalization is entitled to his rights to personal liberty and freedom of movement as guaranteed by sections 35(1) and 41(1) of the 1999 constitution and therefore cannot be deported or expelled from Nigeria.

As well as “an injunction restraining the 1st respondent (Attorney General of the Federation), from taking any step towards the surrender of the Applicant to the government of the United States of America in pursuance of any request made by the government of the United States of America for the extradition of the applicant”.

According to the process filed by counsel representing the AGF in the matter, Mr Wahab Shittu, “the applicant’s Nigerian citizenship claim is to enable him to take permanent refuge in Nigeria and hide his identity as he had been hiding his person with different looks.

“the offences of which he is accused are serious offences that carry 20 years imprisonment and the applicant knowing that his alleged fellow collaborator, Paul Novak, is already serving his jail term of 25 years imprisonment, ran to Nigeria to evade prosecution by applying for Nigerian citizenship.

He cannot be tried in a Nigerian court for the said offences as these were not committed in any part of Nigeria and thus no Nigerian court can assume jurisdiction.

“Only a competent court in the United States of America can pronounce on the guilt or otherwise of the applicant. This application will greatly prejudice Nigeria if granted” the AGF averred.

Others listed in the suit were the Inspector general of police, Commissioner of Police INTERPOL National central bureau, Minister for Interior and the Comptroller General Nigeria Immigration services.