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In a significant development on Thursday, the ECOWAS Court of Justice dismissed a suit filed by Nigerian national Richard Ugbah seeking an order for the United States government to permit him to complete his remaining jail sentence in Nigeria.
Ugbah, currently serving a
12-year prison term in the US after being convicted of wire fraud on February
14, 2017, had completed eight years of his sentence, with a scheduled release
date of May 8, 2026.
The suit, identified as
ECW/CCJ/ APP/ 18/21, argued for Ugbah's repatriation to Nigeria, citing
compliance with conditions outlined in the United Nations Office on Drugs and
Crime Handbook on the International Transfer of Sentenced Persons.
However, a preliminary
objection raised by the Federal Republic of Nigeria asserted that the
application was incompetent and violated the provisions of Articles 9 and 10 of
the Supplementary Protocol to the ECOWAS Treaty. The objection highlighted that
the Ministry of Justice, the second respondent, was neither a community
institution nor a signatory to the ECOWAS Treaty. The Federal Government urged
the court to dismiss the application, emphasizing its lack of jurisdiction to
address the matter.
In delivering the lead
judgment, Justice Sengu Koroma concurred with the Federal Government's
argument, stating that the court lacked jurisdiction to hear the case. The
court further asserted that the applicant failed to demonstrate a valid reason
for their complaint against the respondent.
"The matter of competence
is a legal issue, and the argument presented by the applicant has no legal
basis, vesting the court with the authority to hear and determine the case,"
Justice Koroma declared.
This ruling marks a decisive
point in Ugbah's legal pursuit and underscores the legal intricacies
surrounding international transfer of sentenced persons within the ECOWAS
region.
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