An appeal by Pamela Izevbekhai aimed at halting the deportation of herself and her two young daughters to Nigeria may not now be heard until the autumn, the Supreme Court has indicated.
The Chief Justice, Mr Justice John Murray, said such are the pressures on the Supreme Court list it may not be possible to have the matter heard before the end of this law term, on July 31st, meaning the case would be put back until October.
The Chief Justice was also told today Ms Izevbekhai's new lawyer, Kevin Brophy, may travel to Nigeria shortly because he is dissatisfied with responses from Nigerian lawyers there.
Sunniva McDonagh SC, for Ms Izevbekhai, added she has no instructions to file replying affidavits at this stage on behalf of her client to a motion by the State seeking to dismiss the case on grounds it had proceeded on "a lie".
Counsel said she was only told by Mr Brophy this morning of "certain developments, certain matters" which had taken place since the case was last before the court. Mr Brophy was also involved in proceedings on behalf of Ms Izevbekhai before the European Court of Human Rights, she said, adding that she was aware time limits were set for replying affidavits.
The Chief Justice said Ms Izevbekhai had been given generous time to file replies and most of the matters at issue were within her own knowledge. He did not see what Nigeria could add.
He told counsel her instructions that a replying affidavit was not been filed "cannot change" and added it would be "very odd" if her client could not swear to facts until after some information was obtained from Nigeria. The facts were primarily within Ms Izevbekhai's own knowledge, he added.
In her action, Ms Izevebkhai contends the family should not be returned to Nigeria on grounds there is a real risk her daughters will be subjected to forcible female genital mutilation.
After it was revealed last April some documents used to support Ms Izevebekhai's claim to stay here had been forged, the lawyers who had fought her case were given leave to cease representing Ms Izevbekhai and she was given some time to instruct new lawyers.
Following the disclosures concerning the forged documents, the State argued the case should be dismissed on grounds it had proceeded "on a lie".
Sligo-based Ms Izevbekhai has failed in a number of High Court bids to prevent the deportation of herself and her daughters, culminating in the intervention last November of the European Court of Human Rights which asked the Government to postpone any moves to deport them while it considered the case.
