He filed the substantive case on the grounds that he has not been given reasons why he is being removed from Botswana or why he has been declared a PI. In his ruling on Friday, Dibotelo said that the defence of the respondent - the Attorney General - that Henry is making an inadmissible appeal, precluded by the law is valid. This is because no appeal lies against a Presidential Declaration under Sections 7(f), 11(6) and 36 of the Immigration Act. Dibotelo added that the court has no jurisdiction to set aside such a declaration. He said that Henry has not advanced any grounds upon which the court can review and set aside the decision to declare him a PI. He said the Immigration Act is clear that: "No person shall have the right to be heard before or after a decision is made by the President in relation to that person under this Act. No person affected by any such declaration shall have the right to demand any information as to the grounds of such decision nor shall any such information be disclosed in any court." Dibotelo added that the High Court dismissed a similar case in 2005 involving former University of Botswana (UB) lecturer, Professor Kenneth Good and he proceeded to the Court of Appeal. "The Court of Appeal held that the President had acted within the provisions of Section 36(1) of the Act and that the Appellant had no right to be heard and to demand any information as to the grounds or reasons for the President's decision to deport him; and further that his right to be heard in regard to the decision made by the President, which no doubt affected him adversely, had been ousted by Section 36(1) of the Act," he explained. The Court of Appeal held that the President had been entrusted by Parliament to make the necessary decision required by Section 7(f) of the Act and that it was only Parliament and not the courts which could take away or modify that power. Dibotelo dismissed the Nigerian's application with costs.
Deputy Attorney General, Nchunga Nchunga and David Ditiro represented the state while Batlhalefhi Moeletsi and Omphemetse Motumise appeared for Henry. Speaking to Monitor immediately after the ruling, Moeletsi was not sure what the next step will be. But he said that Henry oould still challenge the President's decision while outside Botswana. The Nigerian has been living in Botswana for the past nine years. He was served with a Notice of Determination as a Prohibited Immigrant by the Regional Immigration Officer for Ngami, Jimmy Kabelo. The High Court heard that he was handcuffed and taken to Maun Prison for detention. He was flown to Gaborone under police security. At the time of going to press, Sir Seretse Khama Airport Police confirmed that he was detained at Gaborone Maximum Security State Prison.
