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London High Court Awards James Ibori £1 For Unlawful Detention

Convicted former Delta State Governor James Ibori has won a London High Court declaration that he was unlawfully detained by Home Secretary Amber Rudd.

But Ibori, who claimed £4,000 in damages for breaches of his human rights, is only entitled to a nominal £1, a judge ruled. Mrs Justice Cheema-Grubb, sitting in London, declared that Ibori was unlawfully held for one day, 18 hours and 10 minutes from December 20 to 21 last year, the Mail reported.

The judge said the Home Secretary “failed to have regard to her limits to detain” as attempts were made to claw back millions from the fraudster. Ibori, a former London DIY store cashier, was jailed for fraud totalling nearly £50m in April 2012.

He was only half way through his 13-year sentence for fraud and money-laundering when he was released from prison last December. He has refused to give up the money he stole, and still owns a £2million three-bedroom apartment on Abbey Road in St John’s Wood, North London, opposite the recording studio used by the Beatles, according to the Mail. 

In rejecting Ibori’s bid for thousands in compensation, the judge ruled: “There is no compensatory loss to Mr Ibori and I fix nominal damages at £1.” Ibori was extradited to the UK for trial in February 2012 and prosecuted on the basis of evidence from the Metropolitan Police.

He pleaded guilty to 10 serious criminal charges over the appropriation of massive amounts of public funds during his two terms as governor of Delta State. He was sentenced in April 2012 at Southwark Crown Court to 13 years imprisonment, and an order for his deportation as a foreign criminal was made in May 2015.

Having spent time in custody in the United Arab Emirates, he was due to be conditionally released from prison on December 20, 2016. But the Home Office indicated that there was no intention to deport Ibori to Nigeria until he handed over at least £57m “proceeds of crime”.

An email stated “we cannot deport Mr Ibori until the confiscation matter has been resolved”.

Home Secretary Amber Rudd had tried to keep Ibori locked up until he had handed back at least £18million of the proceeds of his crimes. But the High Court ruled this was an abuse of her powers, and ordered Ibori to be freed. 

On December 21 last year, the day after his due release date, High Court Mrs Justice May ordered Ibori to be freed on conditions, describing the attempts to detain as “quite extraordinary”.

The judge said: “You don’t hold someone just because it is convenient to do so and without plans to deport them”.

A Home Office application that Ibori be electronically tagged and subject to strict curfew conditions was also rejected after the judge accepted arguments that the Home Secretary was attempting to misuse her immigration and deportation powers.

Ibori left the UK under his own steam on February 3, 2017, but also launched his claim for damages for false imprisonment and breach of his rights under the 1998 Human Rights Act not to be unlawfully detained.

Ruling yesterday that Ibori had been held unlawfully for almost two days, Mrs Justice Cheema-Grubb said it followed a failure to hold effective confiscation proceedings. It was in the context of awaiting the making of an assets confiscation order, and likely subsequent efforts to “recoup” a sum estimated to be at least £57m, that the decision to detain Ibori was made.

The judge ruled: “In this case, the secretary of state has been wrong-footed by the failure of the prosecution to achieve determination of its confiscation proceedings against Mr Ibori prior to his release from prison on licence”.      (The Sun)

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UK Court Dismisses Niger Delta Communities’ Suit Against Shell

Akinpelu Dada

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A High Court in London has dismissed a suit by Bille and Ogale communities seeking to sue Royal Dutch Shell in English courts for spill incidents in the Niger Delta.

The communities had in May 2015, through their United Kingdom solicitors, Leigh Day, brought a litigation against Shell Petroleum Development Company of Nigeria Limited for oil spill, and also filed claims against RDS as an “anchor defendant” to bring the claims in England.

Both the RDS and SPDC challenged the jurisdiction of the English court to hear the claims.

In his ruling on Thursday, the judge rejected Leigh Day’s claim that the RDS owed a duty of care to the claimants allegedly impacted by SPDC, and consequently that there was no anchor defendant for the case against SPDC to be brought in England.

The General Manager, External Relations, SPDC, Igo Weli, while commenting on the ruling, said in a statement, “The court rightly decided these claims should be dealt with by the Nigerian courts and confirmed longstanding principles of corporate law, which are critically important for multinational companies headquartered in the UK.

“Both Bille and Ogale are areas heavily impacted by crude oil theft, pipeline sabotage and illegal refining, which remain the main sources of pollution across the Niger Delta. The judge correctly decided that the holding company, Royal Dutch Shell, had no legal responsibility for harm to the communities in the Niger Delta caused by criminal interference in Nigeria with the operations of a joint venture in which the Nigerian government owns a majority interest.”

Weli added, “We hope the strong message sent by the English court today ensures that any future claims by Nigerian communities concerning operations conducted in Nigeria will be heard in the proper local courts. Nigeria is a core part of the Shell Group’s upstream business.  We see considerable potential for growth in Nigeria and are determined to help Nigeria unlock its energy potential over the long term.

“Litigation in courts unfamiliar with the law and realities on the ground ultimately does nothing to address the real problem in the Niger Delta, such as widespread pipeline sabotage, crude oil theft and illegal refining. SPDC continues to play an active role in the search for solutions to these complex issues.

“Examples of recent initiatives include a 2016 campaign against crude oil theft, which highlighted the dangers of crude oil theft and sabotage of pipelines to more than 40 communities in Ogoniland and a programme, which ran with the objective of providing alternative means of livelihood for young people in Ogoniland in 2014.” (Punchng.com)

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