A former Nigerian policeman told the High Court he could be shot for stealing oil if he is deported. Mr Thompson Ighama told Mr Justice Finnegan two of his friends had been shot dead by Nigerian troops.
He said they had joined several hundred other Nigerians who had been collecting and selling basins of oil from a fracture in a pipeline. Mr Ighama said he had been forced to flee the country to save his life and had paid a boatman $60,000 Nigerian to take him to America.
He ended up in a port in France where he had been told by a man he would be sent back home immediately. The man had told him to "go to a nearby country called Irelande". He had taken a train to Cherbourg and a boat to Rosslare, Co Wexford. Immigration officials were sear ching people who had lots of baggage but he had none and walked past them.
Mr Killian McMorrow, counsel for Mr Ighama, said there was independent UN evidence supporting the proposition that over the past year or so in Nigeria there continued to be what could only be described as incidents of summary justice, including the killings of hundreds of people and widespread rape.
"Such killings are carried out by Nigerian troops when anything involving the pipeline occurs," Mr McMorrow said. "Incidents connected with the pipeline are considered major issues to be dealt with as harshly as possible." He said MrIghma was absolutely terrified and submitted he would be in grave danger if he was to be deported.
Mr McMorrow said the Minister for Justice had issued Mr Ighma with a proposal for deportation but had not yet issued him with a deportation order. Mr Ighma had applied for refugee status but had been refused on the grounds the application was manifestly unfounded.
Mr Justice Finnegan granted Mr Ighma leave to seek an order quashing the Minister's decision and a declaration that classification of his application as "manifestly unfounded" was ultra vires the Refugee Act, 1996.
He also granted him leave to seek a declaration that he should have been provided with legal advice and representation when seeking refugee status, and an order directing the Minister to provide him with a work permit.
Mr McMorrow said Mr Ighama had been offered a job with Dublin Bus but the Minister had refused to issue a work permit. He said Mr Ighama was a drummer and bass guitarist with a leading band in Nigeria and would be well known to the authorities if he was deported.