Despite SC ruling, Nigerian national languishing in jail

Eastern Mirror Desk Dimapur, Nov. 9: It is seven weeks since the Supreme Court of India directed the Union Government to consider the request for release and deportation of Nigerian national Nweze Raymond Chinenyeuba within a period of four weeks, but the Home Commissioner of Nagaland is still awaiting the order from the Union government to set him free. As a result, Chinenyeuba is still locked up inside Dimapur’s sub-jail. Nweze was apprehended from new field police check gate in Dimapur on Sep. 7, 2016 while arriving from Guwahati by a night super bus. According to the charge sheet filed by the court of the chief judicial magistrate (CJM), the police found during examination of travel documents, that Nweze was not possessing valid visa except a photocopy of passport. So, the CJM sentenced him to simple imprisonment of eight months and 17 days for contravention of of Foreigners Act, 1946. Nweze completed his prison term on May 25, 2017, and a Dimapur local court subsequently ordered his release but he has been confined in jail for the last 17 months as the Union government hasn’t sent a deportation order. In a petition appended by Nweze to the ministry of External Affairs, it stated, “On completion of my term dated 25-5-2017, the CJM informed that my sentence term is over and said that my case had been dismissed and I shall be deported to my native land, Nigeria. I was daily awaiting the news of my deportation, but nothing has happened and since May 25, 2017 I have been illegally detained in the same jail and it is almost 16 months now.” A Dimapur-based citizen, S Solomon Shaikh, moved representations before the Union Ministry of Home Affairs (MHA) and Ministry of External Affairs (MEA) seeking for Nweze’s deportation order and also moved a habeas corpus petition before the SC on behalf of Nweze on Sep. 6, demanding immediate release and deportation to Nigeria. Considering the petition, the SC on Sep. 20 directed the MHA and MEA to consider the request within a period of four weeks. However, Nagaland Home Commissioner, R Ramakrishnan told Eastern Mirror that he is still waiting for the MEA and the MHA to write to him so that he can move forward with necessary proceedings. “The Union government has not written to us, we were informed that they have already dispatched the order but we are yet to receive it. We will reach out to them and find out the solution,” Ramakrishnan said. Shaikh informed Eastern Mirror that Nagaland’s Home department led by the Home Commissioner, had been extending every possible help after hearing the plight. “The high officials of the state’s home department are extending every possible help. I am in touch with them daily and they are doing the utmost,” Shaikh said. Shaikh further stated that he, along with the SC Advocate Abishek Jabraj, were in touch with MHA and MEA officials. He informed that Jabraj had visited MEA and MHA offices as well as the Nigerian embassy on several occasions. “As per Jabraj, the MEA official had dispatched the clearance on 26.09.18 but Home department here has not received it. Such is the pathetic conditions of our central government officials," Shaikh stated, adding that until Nagaland Home department receives the order, it cannot proceed ahead despite their concern for Nweze. “The home commissioner will be meeting with the officials of MHA and MEA on Tuesday. I am awaiting positive result,” Shaikh stated.