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Indian Court Orders Deportation Of Nigerians Over Visa Violations

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India Court

The Karnataka High Court has ordered the deportation of two Nigerian nationals who allegedly overstayed in India for more than a decade without valid visas. The court directed the Foreigners Regional Registration Office to initiate deportation proceedings against Emeka Iwoba, also known as Austin Noso Iwoba, and Uderike Fidelis.

According to reports, the directive followed legal proceedings arising from their arrest and detention by Bengaluru authorities. The two men were apprehended in 2024 over allegations of involvement in drug trafficking, including the distribution of methylenedioxymethamphetamine (MDMA) and cocaine within the city.

Iwoba and Fidelis challenged the legality of their detention, arguing that authorities failed to inform them of the reasons for their arrest at the time of custody, a violation they claimed contravened constitutional safeguards. Their legal team highlighted that such omissions undermine fundamental protections guaranteed under Indian law.

In its ruling, the Karnataka High Court ordered their release, underscoring that constitutional rights must be upheld regardless of nationality. The court emphasized that informing a suspect of the grounds for arrest is a mandatory constitutional safeguard, not a procedural formality. It also reaffirmed that protections under Article 22 of the Indian Constitution apply to all individuals within the country, including foreign nationals.

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While granting their release, the court instructed immigration authorities to immediately commence deportation procedures, directing the Foreigners Regional Registration Office to follow standard operating procedures for the withdrawal of prosecution. Officials are expected to complete the required documentation and liaise with relevant diplomatic authorities to facilitate the removal of the two men from India.

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