Former governor of Delta State, James Ibori, has won a human rights case against the British Secretary of State for Home Department, Amber Rudd.
Ms. Rudd unlawfully detained the ex-governor in prison custody for 18 hours and 10 minutes from the 20th to 21st of December, 2016.
The case which was brought before Justice Cheema-Grubb of a UK High Court sitting in London was filed by Ian Macdonald QC and Ivan Krolick, on behalf of Ibori.
It could be recalled that Ibori, after being extradited to face trial in the UK, on 27th February 2012, was prosecuted on the basis of evidence from the Metropolitan Police.
He pleaded guilty to 10 serious criminal charges arising from the appropriation of massive amounts of public funds during his two terms as governor.
Based on his guilty plea, Ibori was sentenced at Southwark Crown Court to 13 years imprisonment on 17th April 2012. But having been held in custody in the United Arab Emirates before his extradition to the UK, he was due to be conditionally released from prison on December 20, 2016.
Meanwhile, in May 2013, during his period of incarceration, Ibori was informed of his liability for automatic deportation as a foreign criminal; and in his response, he confirmed in writing that he did not wish to challenge the order for his deportation.
However, upon the completion of his jail term, the British Secretary of State for Home Department held Ibori in prison custody for extra 18 hours and 10 minutes indicating that there was no intention to deport Ibori to Nigeria until he handed over at least £57m he was alleged to have stolen from the coffers of Delta state during his tenure as governor.
According to their submissions before Justice Cheema-Grubb, Ibori’s lawyers said that the UK Home Affairs Secretary ignored the limits of her power to detain Ibori; stressing that Immigration detention must only be for the purpose allowed by the UK Borders Act 2007.
They also submitted that Ibori was detained by Ms.Rudd not for deportation within a reasonable period but to defeat the possibility of his escaping potential consequences of the making of a confiscation order which they claim was not within the purpose of UK Borders Act 2007
Hence, they sought a declaration that Ibori’s additional detention for 18 hours and 10 minutes (albeit in prison facility) was illegal and an infringement on his fundamental human rights.
The lawyers also sought £4,000 in damages for the tort of false imprisonment and breach
of Article 5 ECHR under the Human Rights Act 1998.
The judge, in her ruling, said Ms. Rudd “failed to have regard to her limits to detain’ as attempts were made to confiscate the allegedly looted £57m from Ibori.
She ruled: “You don’t hold someone just because it is convenient to do so and without plans to deport them.
“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.”
However Justice Cheema-Grubb entitled Ibori to a nominal £1 (instead of £4,000) for breaches of his human rights.
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