Federal Republic of Nigeria v Santolina Investment Corporation & Ors [2007] EWHC 3053 (QB) (03 December 2007)

Federal Republic of Nigeria v Santolina Investment Corporation & Ors [2007] EWHC 3053 (QB) (03 December 2007)

The guilty pleas entered by the first and second defendants in Nigerian criminal proceedings, admitting the assets were proceeds of crime, constitute a material change in circumstances and remove any arguable defence. The evidence shows the assets were bribes or secret profits obtained by Mr. Alamieyeseigha through abuse of public office. The Federal Republic of Nigeria is entitled to summary judgment for declarations of ownership and orders for registration and transfer of the properties and bank accounts.

Citation
[2007] EWHC 3053
Parties
Claimant: Federal Republic of Nigeria; First Defendant: Santolina Investment Corporation; Second Defendant: Solomon & Peters Ltd.; Third Defendant & Others: Depreye Alamieyeseigha & Others
Jurisdiction
England and Wales
Judgment Date
03 December 2007
Procedural Posture
Civil / Summary Judgment Application (second Application)
Outcome
Summary judgment granted in favour of the claimant against the first and second defendants.
Legal Topics
Summary Judgment, Money Laundering, Bribery, Proceeds of Crime, Trusts, Asset Forfeiture
Civil Procedure Fraud and Corruption Property Law Summary Judgment Money Laundering Bribery Proceeds of Crime Trusts +1 more

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Parties

Federal Republic of Nigeria

Claimant

Santolina Investment Corporation

First Defendant

Solomon & Peters Ltd.

Second Defendant

Depreye Alamieyeseigha & Others

Third Defendant & Others

Procedural Posture

Civil / Summary Judgment Application (second Application)

Legal Issues

  1. 1 Whether summary judgment should be granted against the first and second defendants for recovery of properties and bank accounts as proceeds of bribes and secret commissions.
  2. 2 Whether the guilty pleas in Nigerian criminal proceedings constitute a material change in circumstances justifying summary judgment.
  3. 3 Whether the claimant is entitled to be registered as proprietor of the properties and bank accounts in question.

Ratio Decidendi

The guilty pleas entered by the first and second defendants in Nigerian criminal proceedings, admitting the assets were proceeds of crime, constitute a material change in circumstances and remove any arguable defence. The evidence shows the assets were bribes or secret profits obtained by Mr. Alamieyeseigha through abuse of public office. The Federal Republic of Nigeria is entitled to summary judgment for declarations of ownership and orders for registration and transfer of the properties and bank accounts.

Court Disposition

Summary judgment granted in favour of the claimant against the first and second defendants.

Orders

  • Declaration that the claimant is the true owner and beneficially entitled in equity to Flat 202 Jubilee House, 14 Mapesbury Road, and 68-70 Regents Park Road, London.
  • Order that the Land Registrar register the claimant as proprietor in place of S&P for the registered titles of the above properties.