Gauhati HC Directs Repatriation Of Nigerian Citizen Illegally Detained For 1457 Days Despite Serving His Sentence

The Gauhati High Court has asked the Assam and Central governments to take appropriate action to repatriate a Nigerian citizen, who has been in illegal detention for 1457 days after serving his sentence, failing which the court said that it will be compelled to release the individual. 

A division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi was hearing a petition filed by one Kamardeen Oaladeji Oladimeji, stated to be a citizen of Federal Republic of Nigeria, who was convicted by order of August 18, 2021 passed by the Judicial Magistrate First Class(II) Karimganj, to undergo simple imprisonment for six months and to pay a fine of Rs.2,000 for offence under Section 14 of the Foreigners Act.

He was also sentenced to undergo simple imprisonment for six months and fine of Rs.2,000/- for an offence under Section 6 of the Passports (Entry into India) Rules, 1950.

The bench noted that the petitioner had already served his sentence and observed,“……it is seen that by the time the order and sentence was passed, the petitioner had already served his sentence as on 13.05.2021. Thus, as on the date of this order, the petitioner has spent 1457 days in illegal detention".

“The State as well as the appropriate authorities in the Home & Political (B) Department, Govt. of Assam; Secretary to the Govt. of India, Ministry of Home Affairs; and the Secretary to the Govt. of India, Ministry of External Affairs shall specifically take note of the fact that the sentence of the petitioner was served on 13.05.2021 and therefore, the petitioner is in illegal detention for 1457 days. Therefore, if the appropriate actions are not taken within the due time, the said authorities are put to notice that the Court would be compelled to release the petitioner unconditionally, which would be at the risk and cost of the said authorities,” the Court added. 

The Counsel appearing for the petitioner submitted that as the counsel for the petitioner, he has interacted with the authorities in the Embassy of Federal Republic of Nigeria on May 07, 2025 and he has been apprised that if an application is made on behalf of the petitioner, subject to interview, which can be held online, the said Embassy can consider issuance of Emergency Travel Certificate and/or travel document by any other name if the Passport of the petitioner has already expired.

Therefore, it was prayed that the said liberty of video interaction with the Embassy of Federal Republic of Nigeria be granted to the petitioner, which can be facilitated by the Superintendent of the Transit Camp at Matia, Goalpara, where the petitioner is currently lodged.

The Court ordered as follows:

1. That the Ministry of Home Affairs, Govt. of India and/or Ministry of External Affairs, Govt. of India would make an endeavour to do the needful in respect of the petitioner, for taking up the matter with the Embassy of the Federal Republic of Nigeria for sending back the petitioner to his own Country of origin.
2. In the event the authorities in the Ministry of Home Affairs, Govt. of India and/or Ministry of External Affairs, Govt. of India are unable to interact with the Embassy of Federal Republic of Nigeria for any reason whatsoever within a period of seven days from May 9, 2025, the Superintendent of Transit Camp at Matia, Goalpara on expiry of seven days from the date of this order, facilitate the interaction of the petitioner, with the Federal Republic of Nigeria by video conferencing mode so that the Embassy officials of the Federal Republic of Nigeria can interact with the petitioner so as to facilitate Emergency Travel Certificate and/or travel document by any other name.
3. In the event the Emergency Travel Certificate and/or travel document by any other name is issued by the Embassy of Federal Republic of Nigeria, the Home & Political (B) Department, Govt. of Assam shall make arrangement for transportation of the petitioner from Transit Camp at Matia, Goalpara to the L.G.B.I. Airport, Guwahati, through which the petitioner would be able to travel to New Delhi and/or any other International Airport to leave for his home Country.
4. For this, appropriate coordination would be made with the State/City where the petitioner would be received for onward travel to his Country of origin.

The court however made it clear that the petitioner has to make his own travel arrangements. The matter is listed again on May 30.

Case Title: Kamardeen Oaladeji Oladimeji v. The Union of India & Anr

Case No.: WP(C)/2207/2025

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