Court should declare that the Defendant should seek and secure the release of the
Applicant.
6- That the failure and refusal of the Defendant to secure the release and repatriation
of the Applicant back to the territory of the Defendant, his sending State and State
of origin, violates his human rights and runs contrary to the Vienna Convention on
Consular Relations and the African Charter on Human and Peoples’ Rights. AND
7- That the Defendant should pay the sum of N10, 000,000 (Ten Million Nigerian
Naira) or equivalent of USD 60, 000 (Sixty thousand United States Dollars) as costs
damages against the Defendant.
At the expiration of the time required for the Defendant to file a reply, and
following the failure of the Defendant to enter appearance and file a reply, the
Applicant brought two applications namely;
a. Application for Expedited Hearing in which he sought for an order of this Court
granting the Plaintiff expedited hearing of the suit pursuant to Article 59(1) and (2)
of the Rules of this Court.
b. An Application asking the Court to enter judgment in default against the
Defendant for failure to enter appearance or file a defence to the suit in accordance
with Article 90 of the Rules of this Court. However, before the hearing of the two
applications, the Defendant filed an application pursuant to Article 35(2) of the
Rules of this Court seeking for the order of the Court granting an extension of time
within which the Defendant should enter appearance, file and serve a Defence on the
Plaintiff and to deem same as properly filed and served.
c. On the 12th of February 2015, the Defendant moved its motion for extension of
time. The Plaintiff who had originally filed a motion to strike out the application for
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