CBN Ordered to pay German National 63.7million and another $10,000 for Illegal detention

The Federal High Court in Abuja ordered the Central Bank of Nigeria to pay ₦63.7m and $10,000 to German Martin Gegenheimer for his wrongful arrest and detention by the Nigerian Immigration Service during COVID-19 in 2020.

According to a Channels Television report, the court directed Apex Bank to pay the award in his favor to the ECOWAS Court in a case filed ECW/CCJ/APP/23/2020.

On March 4, 2021, the ECOWAS Court ruled in Gegenheimer’s favour, calling his arrest and incarceration unconstitutional.

The regional court ordered the Nigerian government to pay him ₦53,650,925 in special damages for losses and costs incurred during his unlawful arrest and imprisonment by the NIS.

The court further ordered the Nigerian government to pay him an additional N10 million in general damages as recompense for any violations and moral prejudice experienced, as well as an additional $10,000 for the applicant’s bail-related expenses.

According to him, he was denied enough food and medical care, and he was not notified of any legally acknowledged justification for his arrest and incarceration, nor was a warrant of arrest or a court order produced as the foundation for his humiliating experience.

The German claimed that he was denied a fair hearing before any judicial authority or competent court until March 4, 2020, when he was granted administrative bail due to the impending COVID-19 lockdown in Abuja.

Justice Inyang Ekwo ruled on the matter on Thursday, ordering the CBN to remove the money from the Federal Government’s funds in its custody to settle the ECOWAS Court of Justice obligation.

Justice Ekwo rejected the CBN’s allegation that the Federal Government’s foreign exchange accounts were currently in deficit, making it impossible to pay the whole judgement amount.

Justice Ekwo ruled that, contrary to the CBN’s position, the ECOWAS Court’s decisions did not qualify as foreign judgements in the legal sense and could be implemented by Nigerian courts.

The judge said, “Upon a keen perusal of the provisions of the Foreign Judgments Reciprocal Enforcement Act 2004, it cannot be said that the judgment sought to be enforced in this case is stricto sensu (in the strict sense) a foreign judgment.

“I agree with the learned counsel for the judgment creditor that by Article 15 of the Reviewed Treaty of ECOWAS, and Article 24 of the 2005 Supplementary Protocol (which amended the 1991 Protocol),

“…the judgment of ECOWAS Court can be registered and enforced in Nigeria by this court without referring to it as a foreign judgment, in the same manner, that the judgment of any other court in Nigeria can be registered and enforced in this court.”

The Judge, Justice Ekwo, went on to make the order he earlier issued against the Central Bank of Nigeria.

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Joshua Samuel

A conscientious writer with a knack and passion for story telling which spans across different sectors and segments. I love telling stories in writing and bringing quality, authentic and timely information to everyone everywhere.

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