Nigerian serial offender spared from deportation, Migration Watch UK criticizes decision
By Jeph Ajobaju, Chief Copy Editor
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“We note the appellant’s recurring belief that his mental ill-health is a result of being possessed.
“We assess that him expressing this belief would increase the likelihood that others will see his illness as being a manifestation of possession” – Judge
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A Nigerian serial offender remains in the United Kingdom 10 years after conviction, having been allowed to stay because he claims in his latest court case to be “possessed” and that treatment in Nigeria will make his mental condition worse.
The psychotic Nigerian armed robber and crack cocaine dealer, who cannot be named for legal reasons, is spared deportation because he would be considered “possessed” in his home country, according to reporting by The Telegraph (UK).
The criminal was jailed for seven years for carrying out an armed robbery on a brothel in 2011, and seven years later was jailed for supplying crack cocaine.
A deportation order was made more than a decade ago in April 2014, but he appealed on human rights grounds, and a judge has ruled he can remain in the UK because of his fears.
The Telegraph cites the case is the latest example of how migrants or convicted foreign criminals have used human rights laws to remain in the UK or halt their deportations.
They include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, and a Pakistani paedophile who was jailed for child sex offences but escaped removal from the UK as it would be “unduly harsh” on his own children.
The Nigerian criminal has spent much of his time in the UK in a secure mental health hospital and “hears voices all the time”. But he is now back in the community.
Experts say he presents a “high risk of serious harm” to the public. He is also addicted to crack cocaine. But because he is undergoing treatment and will not get the same care in Nigeria, he has been allowed to stay.
‘Belief in demonic forces’
Stephen Smith, an upper tribunal judge, ruled a previous judge made an error of law.
“We note the appellant’s recurring belief that his mental ill-health is a result of being possessed,” the judge said.
“We assess that him expressing this belief would increase the likelihood that others will see his illness as being a manifestation of possession.”
The court heard that a report prepared by Amnesty International for this appeal said: “It is our assessment that on return to Nigeria [the appellant] is likely … to encounter widespread attitudes that confirm and amplify his belief in demonic forces and witchcraft as being at the root of his problems.
“He is, moreover, at substantial risk of being identified as suffering from demonic forces and faces a resultant risk of being targeted as a result.”
A doctor found the appellant “suffered from a trauma-related disorder with psychotic features”.
His report found that the criminal experienced intrusive memories and nightmares and was preoccupied with demonic forces “playing tricks with his mind”.
His sleep was affected in a pathological manner, and he claimed that demons prevented him from moving when he woke up.
‘I want to live a normal life’
Judges said that the decision to deport the man to another country would require a comparison between “the highly prescriptive treatment environment currently enjoyed by the appellant with the removal of such provision in the destination country”.
The man has said: “I really want to stay away from crime. I don’t want to get into that predicament again … I want to live a normal life.”
While living in the community, his key [social] worker said he had been attending the gym five to six days a week and working as a volunteer once a week.
Alp Mehmet, chairman of Migration Watch UK, said: “I think this is a worrying case and situation. Why should we as a country, be picking up the health problems of people from other countries who have committed serious crime?
“I appreciate this man has serious mental health issues, but why should it be the responsibility of Britain to solve them, fund them and allow him to stay when he is a very serious criminal? It shows serious issues with the law.”
A new hearing can now take place.
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