Intels Nigeria Limited yesterday
approached the Federal High Court,
Abuja, seeking an order granting leave
to it to apply for judicial review of
the decision taken by the Comptroller
General of Immigration revoking
the residence/work permits of 102
expatriates in its workforce.
Intels is owned by former Vice
President Atiku Abubakar, who
recently dumped the President
Muhammadu Buhari-led ruling All
Progressives Congress, APC, for the
Peoples Democratic Party, PDP.
The suit marked FHC/ABJ/
CS/1180/2017, was dated November
2, 2017, and filed on behalf of Intels by
Adeniyi Adegbonmire (SAN).
The Comptroller General of
Immigration, Muhammed Babandede,
the only respondent in the suit, had on
November 15, this year, issued a press
statement that the residence/work
permits of Intels expatriate staff had
been revoked.
Babandede further issued a directive
that the said persons should leave
the Nigerian territory on or before
November 30.
However, the action filed by Intels
was pursuant to Order 34 Rule 3 of the
Federal High Court (Civil Procedure)
Rules, 2009.
Meanwhile, the matter, which was
for mention on Monday, could not
go on because of the absence of legal
representation for the respondent.
Adegbonmire, who announced
appearance for Intels, told the court
that hearing notice and the order
asking the respondent to show cause
why the reliefs being sought by the
applicant should not be granted were
served on the Immigration boss.
In view of this, the presiding judge,
Justice Ahmed Mohammed adjourned
the matter to January 10, 2018.
Specifically, the applicant is asking
the court to declare that the decision
of Nigerian Immigration “is unlawful,
unconstitutional, wrong and void ab
initio.”
More so, Intels wants a declaration that
the respondent acted ultra vires when
he proceeded to issue or authorised/
directed the issuance of a press release
dated November 15, 2017, with
reference No. NIS/HQ/PRU/267/V.1
to the effect that the residence/work
permits of the expatriate staff of Intels,
stands revoked.
“A declaration that the failure of
the respondent to communicate with
the applicant or to formerly notify
the applicant of his decision as herein
before stated prior to the revocation or
purported revocation of the residence/
work permits of the expatriate staff of
the applicant is unlawful and wrong.
“An order of certiorari quashing
the decision of the respondent, as
conveyed in the Nigeria Immigration
Service Press Release dated 15th
November, 2017 with reference NIS/
HQ/PRU/267/V.1 and written under
the hand of the Service Public Relations
Officer of the Nigeria Immigration
Service upon the directions and
authorisation of the respondent,
by reason of the fact that the said
decision is illegal, procedurally unfair,
unconstitutional, unreasonable and /
or irrational “An order of certiorari quashing
the respondent’s decision to revoke
the residence/work permits of the
expatriate staff of the applicant on
the grounds that the decision offends
against the constitutionally guaranteed
right to fair hearing of the applicant.”
Among other reliefs, Intels is praying
for an order of mandatory injunction
compelling the Comptroller General
of Immigration to immediately reverse
the revocation directive issued against
the expatriates and to immediately
restore/reissue to them their
residence/work permits.
Intels predicated the suit on the
grounds that the decision was a
violation of their right to fair hearing as
under the 1999 Constitution, because
they were denied the opportunity
of making representation to the
respondent before the decision to
revoke the residence/work permits of
its 102 expatriate staff.
The company said the decision of the
respondent as contained in the said press release ultra vires the statutory
powers of the respondent as contained
in the Immigration Act 2015, published
as Legal Notice No 77 in vol 102, FRN
Official Gazette of June 8, 2015.
According to Intels, if the federal
government is allowed, the operation of
Intels will be severely jeopardised and
state of hopelessness foisted upon the
court in the event that Intels expatriate
staff, totalling 102, are deported from
Nigeria before the hearing and the
determination of the action, which Intel
intends to file challenging the decision
of the respondent as it concerns the
revocation or purported revocation
of the residence/work permit of its
expatriate staff.
More so, Intels stated that the
respondent had threatened to
recommend to the Minister of Interior
that its expatriate staff be deported
any day after November 30, thereby
foisting the state of hopelessness upon
the court in view of impending suit to
challenge the decision.

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