The increasing use of human rights laws by foreign criminals to avoid deportation from the UK has become a growing concern in recent months.
In the latest case, a psychotic Nigerian armed robber and crack cocaine dealer has been spared deportation because he would be considered “possessed” in his home country.
This case follows similar rulings where convicted foreign criminals have successfully used human rights claims to remain in the UK. Examples include:
- An Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets.
- A Pakistani paedophile convicted of child sex offences who was allowed to stay as deportation was ruled “unduly harsh” on his own children.
Serial Offender Avoids Deportation Over Mental Health Concerns
The Nigerian-born offender, whose identity is protected for legal reasons, has spent much of his time in the UK in a secure mental health hospital, claiming that he “hears voices all the time”. However, he has since been released into the community.
His criminal record includes:
- 2011: Jailed for seven years for armed robbery of a brothel.
- 2018: Jailed again for supplying crack cocaine.
A deportation order was issued in April 2014, but he appealed on human rights grounds and remains in Britain a decade later.
A judge has now ruled that he cannot be deported because he believes he is possessed, and the treatment available in Nigeria is insufficient to address his condition.
Concerns Over Public Safety
Despite his criminal history and ongoing mental health struggles, the offender has been allowed to stay in the UK. Experts warn that he presents a “high risk of serious harm” to the public and is still addicted to crack cocaine. However, because he is undergoing treatment in the UK, and similar medical care is reportedly unavailable in Nigeria, the court ruled in his favor.
Belief in Demonic Possession’ a Key Factor in the Case
Upper Tribunal Judge Stephen Smith ruled that a previous judge had made a legal error.
He stated:
“We note the appellant’s recurring belief that his mental ill-health is a result of being possessed. Expressing this belief would increase the likelihood that others in Nigeria would see his illness as a manifestation of possession.”
A report by Amnesty International submitted as evidence stated:
“On return to Nigeria, the appellant is likely to encounter widespread attitudes that confirm and amplify his belief in demonic forces and witchcraft as 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’s assessment confirmed that the man suffers from a trauma-related disorder with psychotic features.
The report further noted that:
- He experiences intrusive memories and nightmares.
- He is preoccupied with demonic forces ‘playing tricks on his mind’.
- His sleep is severely affected, and he claims that demons prevent him from moving upon waking up.
‘I Want to Live a Normal Life’ – Offender Speaks Out
Judges ruled that deportation would require a comparison between the specialized treatment he currently receives in the UK and the lack of such provisions in Nigeria.
The man told the court:
“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 worker reported that he:
- Attends the gym five to six days a week.
- Works as a volunteer once a week.
Public Outrage Over UK’s Handling of Foreign Criminals
Alp Mehmet, chairman of Migration Watch UK, criticized the decision, stating:
“This is a deeply concerning case. Why should Britain take responsibility for the health problems of foreign criminals?
This man has serious mental health issues, but why should it be up to Britain to solve them, fund them, and allow him to stay when he has committed serious crimes? It highlights major flaws in our immigration laws.”
A new hearing is expected to take place in the near future.
This case adds to the growing list of convicted foreign criminals who have successfully used human rights laws to avoid deportation.
The ruling has sparked concerns over public safety, legal loopholes, and the UK’s immigration policies, raising questions about whether the system is being abused.
