We have heard cases of Nigerians
being deported back to Nigeria on several occasions and it is no longer news
,the Nigerians have been deported for several reasons ranging from drug
offenses ,breach of immigration laws of different countries to mention a few.
The question now is that has
Nigeria as a country ever deports any one? YES Vaswani brothers among others
were deported from Nigeria, Vaswani brothers are the three Indian brothers and
owners of Stallion Group, they were deported during the tenure of President
Olusegun Obasanjo for tax evasion, unfortunately but luckily for them they were
pardoned by the Late Umar Yardua and the three men were permitted to come back
to Nigeria.
Deportation according to section
402 of the Criminal Procedure Act this means that in case of a citizen of
Nigeria ,deportation from the place where the offense took place or proceeding
which culminated in the recommendation for deportation where heard to any other
place in Nigeria and in case of a person not a citizen of Nigeria to a place
outside Nigeria.
A non citizen may be asked to
leave Nigeria in lieu of deportation order.
The court will recommend
deportation where a person convicted of an offense punishable by imprisonment
without the option of fine, the court may in addition to or instead of any
other punishment recommend to the president that he be deported, if it appears
to the court that it will be in the interest of peace, order and good
government, where he violate the immigration law of the country i.e. visa
expiration, where the offender is in default of security for peace i.e. where
the conduct is likely to produce or excite to a breach of peace, in case of
dangerous conduct deportation may be recommended i.e. where he is endeavoring
or has endeavored to excite enmity
between any section of the people of Nigeria and federal republic.
Note that where a person to be
deported is sentenced to any term of imprisonment such sentence of imprisonment
shall be served before the order of deportation is carried into effect.
The courts recommend deportation
to the minister that he be deported which will also be forwarded to the
president for recommendation together with a report settling out the reason why
the court considers it necessary to make the recommendation and certified copy
of any proceeding relating thereto.
The president then makes order
for deportation.
Thank you.
Oyenike Alliyu-Adebiyi
LLB(hons)BL
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