Convicted fraudster and former
Nigerian state governor James Ibori has been released, despite attempts
by the home secretary to detain him in prison.
He was due for release on Tuesday, having agreed to be deported after serving half of his 13-year sentence.
But it has now emerged that the Home Secretary, Amber Rudd did not intend to deport Ibori to Nigeria until he handed over £18m of "proceeds of crime".
A High Court judge said attempts to detain him were "quite extraordinary".
Ordering Ibori to be immediately freed from prison, Mrs Justice May said: "You don't hold someone just because it is convenient to do so and without plans to deport them."
'Misuse of powers'
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, a former London DIY store cashier, was jailed for fraud totalling nearly £50m in April 2012.
He evaded capture in Nigeria after a mob of supporters attacked police but was arrested in Dubai in 2010 and extradited to the UK - where he was prosecuted based on evidence from the Metropolitan Police.
On Wednesday, the Home Office's barrister said the government was concerned that Ibori might "frustrate confiscation proceedings" and wanted him kept in jail or subject to strict controls on his movement.
He evaded capture in Nigeria after a mob of supporters attacked police but was arrested in Dubai in 2010 and extradited to the UK - where he was prosecuted based on evidence from the Metropolitan Police.
On Wednesday, the Home Office's barrister said the government was concerned that Ibori might "frustrate confiscation proceedings" and wanted him kept in jail or subject to strict controls on his movement.
"The court of appeal rejected that after counsel for the Crown indicated that there was nothing to support the allegation," Mr Krolic explained.
"And then it turned out there was," Mrs Justice May interjected. "Yes", Mr Krolic replied.
Ordering Ibori's release, Mrs Justice May said: "The Secretary of State appears to have take it upon herself that Mr Ibori does remain in this country, in apparent contradiction of the order served earlier this year to deport him."
"The position of the Secretary of State, as very candidly set out by Mr Birdling (representing the home secretary), is that she accepts that there is an argument that she has no power to detain him."
"I have decided that the balance of convenience falls heavily in favour of his immediate release.
"I am not prepared to impose conditions involving tagging or curfews."
The judge said the matter of Ibori's deportation should be heard before the end of January.
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