IN THE MATTER OF FOREIGN TORT AND FORUM
AND IN THE MATTER OF CLAIM FOR DAMAGES FOR CONSPIRACY TO INJURE BY UNLAWFUL MEANS
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Altered, modified, or extended STATEMENT OF CLAIM pursuant to Order 13, r.34 of the Federal High Court [Civil Procedure] Rules 2009
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THE PLAINTIFFS
1. The Plaintiffs are Leader and Treasurer of the PLC Party, UK registered political party of British at home and abroad. They are also the Founder of the Public Law Centre incorporating Public Defender Service & Lawyers Without Frontiers. The Public Law Centre is a Civil Society Organisation . It is recognised by the UN Development Programme. It has Branch offices in 70 countries around the world.
1A. The principal activities of the Plaintiffs are:
• Support services for governments
• R & D on Social Sciences & Humanities
• Legal activities
• Justice and Judicial
• Publishing of books
• Other membership organisations
• Adult & Other education
CONCERNING PLAINTIFF MR. ANDRE JOHN-SALAKOV1B. I was registered as a Citizen of the United Kingdom and Colonies under the British Nationality Act 1948, Sections 7-9. I was granted a UK passport following registration in that year.
1C. I left Nigeria in 1959. I have habitually domiciled in the United Kingdom since 1959. My bond of attachment to the United Kingdom includes:
• 8 adult children
• 13 grandchildren
• 3 great grandchildren
1D. In May 2000, the Fourth Defendant entered into correspondence with British Missions in different parts of Europe and Asia, denouncing me and formally informing Embassies and High Commissions NOT to treat me as a British citizen.
1E. In 2003, the Fourth Defendant took it upon himself to enter into correspondence with British Embassy in the Republic of Ireland. He denounced me as usual.
1F. As a result of the misinformation received from the Fourth Defendant. the Republic of Ireland police detained me for 16 weeks and I was tortured. They also threatened to deport me to Nigeria, in response to a request by the Fourth Defendant. In the event they did not succeed. In September 2003, I returned to my home in London.
1G On my return to London in September 2003, I applied for the renewal of my UK passport. But on the instructions of the Fourth Defendant, Ms Walliker of the Passport Office, Newport, rejected my application. The rejection was based on a mistake of law and fact, as follows:
• Ms Walliker assumed that I registered as a minor in 1960 in the UK. I was partly to blame for this mistake of fact, because I mentioned that I registered in Margate in May 1960. In fact, what I meant was that I attended at the NAB [National Assistance Board] in Margate in 1960, to apply for a form of benefit;
• Ms Walliker mis-read the statement of the law relating to the Nigeria Independent Act 1960. Yet, at paragraph 2 of her letter, [Exhibit No Passport”, which is exhibited to the body of the Originating Summons], she wrote –
——– Examples of people excepted from losing citizenship of the United Kingdomand Colonies in this way were those who [or whose fathers or paternal grandfathers] were born, naturalised or registered in the United Kingdom or in one of the remaining olonies—-“
1H. The Fourth Defendant instructed Ms Walliker NOT to renew my passport and to advise me to re-naturalise.
1I. I chalenged this administrative decision in the High Court in 2004. I raised one simple question for determination. “IF I LOST MY BIRTH CERTIFICATE AND IF I WANTED A NEW ONE, WOULD I BE REQUIRED TO RETUN TO MY MOTHER’S WOMB AND BE RE-BORN IN ORDER TO QUALIFY FOR A NEW BIRTH CERTIFICATE?
1J. The Fourth Defendant did not appear. However, an unqualified solicitor, working in the Treasury Solicitors Department, by the name of Mr. John Armstrong, filed a “Defence”. In it, he categorically stated that “The Applicant [Mr. Andre John-Salakov] was granted a United Kingdom passport in 1959 and had domiciled in the UK ever since, etc. etc.
1K. Notwithstanding the confirmation of my status, the Fourth Defendant instructed the IPS [Identity and Passport Service] NOT to issue me with a new passport.
1L. The Fourth Defendant has effectively made me stateless since 2003.
1M. In 2009, the Fourth Defendant prevented me from participating in the Parliamentary Elections to the European Parliament, by instructing Mr. John Cameron-Webb, Vice Consul, British Embassy in Amsterdam, NOT to issue me with a temporary passport nor to facilitate my return to the UK in any way
1N. The Fourth Defendant was the source and origin of the torture, cruel. Degrading, inhuman treatment or punishment that I and Wendy endured at the hands of the First Defendants
1O. At a point in time, the Fourth Defendant made a menacing demand of £25,000 [twenty-five thousand pounds] on me, in order to renew my passport.
1P. Yet, in March 2005, the Authorities in Belgium issued Form E101 in my name. This document which can be found in the body of the Originating Summons, [Exhibit Nos. 3A & 3B] were issued under the European Community Framework Laws. The said Form entitles and gives me the legal right to –
• Enter
• Settle or reside
• Set up liberal profession or trade
• In ALLE EG LANDEN [in all European States]
1Q. On 28 May 2009 I protested in writing to the Council of Minister of Europe on the grounds of the oppressive, arbitrary, or unconstitutional conduct of the Fourth Defendant, among others in the United Kingdom Border Agency, and in the Foreign and Commonwealth Office. I also sought the suspension of the United Kingdom from the Council.
1R. Every human being is entitled to a nationality. And every human being is entitled to a passport. The fourth Defendant has denied me both. He has made it imnpossible for me to receive any kind of medicare to which I am entitled or to meet my obligations to my grandchildren and great grandchildren or to earn a living
1S. I am on a state pension. My pension is subject to an Appeal before the Tribunals Service, Sutton, Surrey. The hearing of the Appeal was scheduled for the 7th July, 2010. The conduct of the Defendants has made it impossible for me to attend the hearing and the matter has been adjourned
1T. By reason of the conduct of the Defendants, with the exception of the Third Defendant, I am currently without a nationality. I am stateless. I have been stateless since 2003.
CONCERNING PLAINTIFF MS WENDY WONG [aka Mrs. Wendy John-Salakov]
1U. Ms Wendy Wong is a Malaysian citizen of Chinese origin. She is Mr. John-Salakov’s spouse and Carer.
1V. The Fourth Defendant denied Ms Wong permission to enter the UK on two occasions in recent years. He also circulated bogus and misleading information to the British High Commission in Kuala Lumpur, to the effect that Mr. John-Salakov could not support her and that, in any event, Mr. John-Salakov had never settled in the UK!!
1W. The Fourth Defendant was also responsible for furnishing the First Defendants with false, misleading, and bogus information, which led ultimately to Ms Wong’s unlawful arrest, imprisonment and removal from the Continent of Europe by the First Defendants on 30th March 2010, without due process of law.
1X. Yet. In 2005, the Authorities in Belgium issued a Form E101 in the name of Ms Wendy Wong. That document entitles her and gives her the legal right to:
• Enter
• Settle or reside
• Set up liberal profession or trade
• In Groot-Brittanie
• Frankrijk
• Nederland
• Griekenland
1Y. Yet, the Fourth Defendant prevented her from entering the United Kingdom. The First Defendant acted on the false, bogus and misleading information furnished by the Fourth Defendant, with the result that the First Defendant treated her as an “ILLEGAL IMMIGRANT”
1Z. In 2003 Ms Wendy Wong made an Application for a PR, to settle in the United Kingdom, as Spouse and Carer of Mr. John-Salakov. She paid the required fee to the British High Commission in Kuala Lumpur. However, on instructions from the Fourth Defendant, the PR Certificate has never been issued.
THE FIRST DEFENDANTS
2. The First Defendants are government servants, in the service of the Dutch State. The Dutch Aliens Act 2000 Section 46 (a) and (b) identifies the First Defendants as:
• the “Royal Netherlands Military Constabulary” and
• “Rotterdam-Rijnmond Regional Police Force”
2A. The Aliens Act 2000 Section 46 also empowers and authorises the First Defendants to implement the provisions of the Dutch Aliens Act 2000, but at all material times the First Defendants conduct themselves in an
• Oppressive
• Arbitrary and
• Unconstitutional manner
When they gained
• Unlawful entry into the premises of the Plaintiffs;
And when they:
• arrested the Plaintiffs;
• detained the Plaintiffs in a police station beyond the statutory 48 hours, prescribed by the Dutch Aliens Act 2000, Article 50 (2), (3), and (4);
• imprisoned Mr. Andre John-Salakov on a Guantanamo-style prison ship, known as DE KALMER, in Dordrecht, South of Holland
• fed Mr. Andre John-Salakov on bread and tea for breakfast, bread and tea for lunch, and snacks for dinner, between 22 March and 22 June 2010
• unlawfully removed Mr. Andre John-Salakov from the Continent of Europe, and offloaded him onto the Nigerian soil, 51 years after he left Nigeria
• stole identity documents and other papers beonging to the said Mr. Andre John-Salakov
• rendered the said Mr. Andre John-Salakov stateless, without any financial means to meet the exigencies of life, and knoiwing full well that his parents had long passed away,
• endangered the life of the said Mr. Andre John-Salakov by putting him on KL 587, without any insurance cover, valid travel document or passport
And at a time when:• the Dutch State had no, and still has no government in place
THE SECOND DEFENDANT 3. The Second Defendants MRS. MARGARET I. IGBINABARO is and was an Information Officer, in the Embassy of Nigeria in Den Haag. She is / was at all material times, an employee of the Nigerian Ministry of Foreign Affairs. She trades in:
• bogus laisser passer,
• bogus emergency certificates,
• other unspecified bogus travel documents;
She conspires together with the First Defendants to:
• seize or capture or kidnap any Black person found in the Schengen area of the European Union,
• confiscate or destroy the passports or documents found on such persons;
• deport such persons to Nigeria, whethr or not they have any link with Nigeria
THE THIRD DEFENDANT4. The Defendants FLANDERIJN VAN ECK [BAILIFFS] are / were at all material times, a firm of Bailiffis
THE FOURTH DEFENDANT5. The Defendants MR. ANTHONY F. DALTON is / was at all material times Director / Chief Caseworker, UK Border Agency, a Division of the Home Office, in the United Kingdom.
THE FIFTH DEFENDANT6. The Defendant NIGERIA IMMIGRATION SERVICE is / was at all material times the responsible state-sponsored Authority for the implementation of the Federal Government’s Immigration and Emigration Policy, Border Control and Passports. The NIS was created in 1958, out of the old Nigeria Police Force.
THE SIXTH DEFENDANT
6. The Defendant MR. OLVER CRAVEN is / was at all material times the Vice-Consul, British High Commission, in Nigeria. He is / was at all material times an employee of the United Kingdom Foreign and Commonwealth Office.
7. Each of the Defendants, other than the Second Defendant Company had prior knowledge of the political and human rights activities of the Plaintiffs.
PARTICULARS
8. In pursuance of the matters aforementioned, the Defendants jointly and severally did the following overt acts, in breach of the International human rights laws and in violation of the United Nations Conventions against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment
(a) Caused Plaintiff Andre John-Salakov to be unlawfully detained in a GUANTANAMO-style prison ship in Dordrecht, South Holland and fed on bread and tea for breakfast, bread and tea for lunch and snacks for dinner, between 22 March and 22 June 2010
(b) Caused Plaintiff Wendy Wong to be unlawfully detained in prison in Rotterdam and deported to Malaysia without due process of law
(c) Ethnically cleansed Plaintiff Andre John-Salakov from the Continent of Europe, on 22 June 2010 and dumped him at M M International Airport, Lagos, on the basis of a bogus “EMERGENCY CERTIFICATE” prepared by the Second Defendant
(d) Caused Plaintiff Andre John-Salakov to be without a nationality, without any identity papers, and without any financial means to meet the exigencies of life in Nigeria.
9. The Plaintiffs will contend that Damages should be computed in the currency of the First Defendants and Founding Member of the European Union; namely, in euros;
(ii) in the case of the expenditure referred to in the Claim submitted to Royal Netherlands Embassy, in Abuja, on 30th July 2010, in respect of which the said Embassy issued its receipt on 6th August 2010, with regard to Mrs. Stella Edeogho, damages / compensation should be computed in Nigerian Naira
10. The Plaintiffs will further contend that, should the Defendants or any of them decide to defend the Plaintiffs’ claim, any Defendant wishing to defend the Plaintiffs’ claim would be required to provide security for costs in the sum of €10,000,000
And the Plaintiff claims the following Exemplary or Aggravated or Special Damages by way of Relief:
11. An Order to restore Mr. Andre John-Salakov to his status as a Citizen of the United Kingdom and Colonies, pursuant to the British Nationality Act 1948 Section 7 – 9
12. An Order to issue forthwith a United Kingdom passport in the name of Mr. Andre John-Salakov, to facilitate his immediate return to the United Kingdom – [The Durham Office of IPS has already acknowledged trvripy of payment of fee]
13, An Order to issue forthwith a PR in the name of Ms Wendy Wong Moo Yin, to enable the said Ms Wong to settle in the United Kingdom as Spouse and Carer of Mr. Andre John-Salakov
14. An Order that Damages be computed and paid in the currency of the First Defendants; namely, in euros
14. An Order for €35,000,000 in Exemplary Damages against the First Defendants, for:
• oppressive, arbitrary and unconstitutional action by government servants, at a time when the Dutch State did not / and still does not have any government in place,
• violations of the International human rights laws,
• violations of the United Nations Convention Against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment;
• for undermining the integrity and sovereignty of Nigeria, as a nation;
• false imprisonment on the prison ship, “DE KALMER”;
• ethnic cleansing of Black people from the Schengen area of the European Union
• responsibility for mass deportation, on a regular basis of Black people from the Schengen area of the European Union;
• responsibility for the cruel, degrading, and inhuman treatment of Black people, unlawfully arrested and imprisoned in “DE KALMER”, prison ship, in Dordrecht, South of Holland;
• making Mr. Andre John-Salakov stateless, without any form of identity, income or financial means, to meet the exigencies of life;
• stealing Mr. John-Salakov’s European Health Insurance Card, Public Law Centre Identity Card, among other identity documents;
• responsibility for the racially motivated treatment of Ms Wendy Wong;
• removing Ms Wendy Wong from the Continent of Europe without lawful authority, excuse, legal justification or due process;
• endangering the lives of air travellers by transportig Black people across the African Continent as if they were a cargo, without any form of insurance, travel documents or valid passports.
15. An Order for €19,000,000 in Exemplary and Aggravated Damages against the Second Defendants MRS. MARGARET I. IGBINABARO for:
• oppressive, arbitrary or unconstitutional action by government servants,
• undermining the integrity and sovereignty of Nigeria as a nation,
• gross violations of International human rights law;
• abuse of the Vienna Convention on Diplomatic Relations of 18 April 1961;
• gross violations of the United Nations Convention Against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment;
• conspiracy to defraud the Federal Ministry of Foreign Affairs, Nigeria;
• selling bogus laisser passer, travel documents, bogus emergency certificates, etc.
16. €1,500,000 in Special Damages against the Third Defendants FLANDERIJN VAN ECK [BAILIFFS] for:
1. wrongful conversion and appropriation of property belonging to the Plaintiffs, with the intention of permanently depriving the Plaintiffs of their property;
An Order for the return forthwith of 5 sets of the Halsburys Laws of England, 5 sets of Halsburys Statutes, 50K in GPB, other goods and personal belongings unlawfully seized by the Third Defendants, from the premises of the Plaintiffs situated at Tattistraat 91, 3066 CE, Rotterdam, Netherlands, in July 2010
17. €20,000,000 in Exemplary Damages against the Fourth Defendants for:
• oppressive, arbitrary and unconstitutional action by government servants,
• gross breach of the Civil Service Code [UK],
• violations of the International human rights laws,
• gross violations of the United Nations Convention Against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment,
• impersonating / assuming the persona of Secretaries of State for the Home Department [aka Home Secretary] since around the year 2000;
• making menacing demand upon Mr. Andre John-Salakov in the sum of £25,000;
• depriving Mr. Andre John-Salakov of his British citizenship / nationality;
• being responsible for mass deportation of Nigerians, on a regular basis from the United Kingdom;
• responsibility for the cruel, degrading and inhuman treatment of Mr. Andre John-Salakov by the Republic of Ireland police in 2003;
• responsibility for the removal of Ms Wendy Wong from the Republic of Ireland in 2003;
• responsibility for the break-up of the Plaintiffs’ family;
• making Mr. Andre John-Salakov a stateless person; without any form of identity, income or financial means, to meet the basic exigencies of life;
• responsibility for the racially motivated treatment of Ms Wendy Wong, by the Republic of Ireland police;
• responsibility for the racially motivated treatment treatment of Mr. Andre John-Salakov by the Republic of Ireland police;
• responsibility for refusing Ms Wendy Wong permission to enter the United Kingdom on two occasions.
18. €30,000,000 in Exemplary and Aggravated Damages against the Fifth Defendants for:
• oppressive, arbitrary and unconstitutional action by government servants,
• failure to observe the basic principle of immigration and nationality laws of Nigeria;
• failure to interpret the Nigerian Imiigration Law and Practice correctly;
• violations of the International human rights laws;
• managing in the Ikoyi Headquarters of the Service a “torture” cell for accommodating [without food or drinking water], Black people of any nationality deported to Nigeria;
• detaining and torturing Black people, [whether or not they are Nigerians] in the Ikoyi Headquarters of the Service;
• gross violations of the United Nations Convention Against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment;
19. €12,000,000 in Exemplary Damages against the Sixth Defendants, for:
• oppressive, arbitrary and unconstitutional action by government servants,
• for gross breach of the Civil Service Code [UK];
• failure to observe the provisions of the Vienna Convention on Diplomatic Relations of 18 April 2010;
• violations of the International human rights laws,
• gross violations of the United Nations Convention Against Torture, Other Cruel, Degrading, Inhuman Treatment or Punishment;
• impersonating / assuming the persona of the Foreign Secretary [UK];
• depriving the said Plaintiff Andre John-Salakov of his citizenship / nationality of the United Kingdom, on the basis of bogus, misleading and mischievous information provided by the Fourth Defendant.
20. An Order for the issuance of proper travel documents in the names of both Defendants to facilitate their return to their homes and properties in both the Netherlands and United Kingdom;
21. An Order for the discharge of the Claim made on behalf of Mrs. Stella EDEOGHO in the sum of NR955,000 and submitted on the 30th July 2010 to the First Defendant, for providing Mr. Andre John-Salakov with life support and other basic necessities of life, having regard to his advanced years, etc, etc, for which the Royal Netherlands issued its receipt on 6th August 2010;
22. An Order for Costs;
[i] Interest thereon pursuant to Statutes;
And for further or other Orders as this Honourable Court may deem fit to make having regard to all the circumstances of this application.
MS. WENDY WONG ANDRE JOHN-SALAKOV
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PDF Statement of Claims
PDF Originating Summon
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