Francistown — A Nigerian suspect in a breaking and stealing case has applied for deportation because he is a Prohibited Immigrant (PI).

Anthony Ikechukwu wants to be sent back home after he was declared a PI even though he is in custody for the case. His lawyer, Gabriel Komboni, argued in court on Friday that before the deportation order was issued the authorities should have known that his client has a criminal case. Hence he wants Ikechukwu to be sent back to Nigeria as per the order. "An order declaring someone a prohibited immigrant has to be obeyed and implemented. The President signed but has not waived the order. Immigration officers are duty-bound by law to deport him," Komboni said. He submitted that his client has been remanded in custody as a suspect of breaking and stealing since November 26, 2006.

Ikechukwu's uncle, Henry Ikechukwu, a medical doctor was deported early this year after he was declared a PI. After that, his nephew Anthony Ikechukwu was served with a PI order on April 15. Komboni said that though Henry Ikechukwu was served with a PI and faced 183 counts, this did not prevent the government from deporting him. He said the stay of Anthony in Botswana has to be terminated forthwith because it is unlawful.

Komboni said it was of no consequence to the President whether his client is facing a criminal charge or not. He submitted that the court operates under the laws and the law has to be obeyed. He said that the very arm of government - the Directorate of Public Prosecutions (DPP) - that charged Ikechukwu with criminal offences is the one that declared him a PI. He argued that under the circumstances, the application for deportation should be granted.

Senior state counsel, Tshedukani Elijah replied that it was true that the deportation order came after the warrant of arrest was issued but his initial instructions were not to oppose the application. But he said the trial resumed before the application was filed though the PI order still stands and could be given effect after the suspect had been convicted or discharged. "Our fear is that if the presidential order takes place before the trial is concluded, it would bring chaos," said Elijah.

He added that the presidential decree could be delayed. At this juncture, Justice Modiri Letsididi challenged Elijah to tell the court the authority he is relying on. The prosecutor did not have any authority and he replied that the best thing is to leave the court to decide if Ikechukwu was lawfully in the country or not.