In this case the Claimants (Chief Nelson Ogelegbanwei and 52 others) commenced proceedings against the Nigerian President and the Attorney General (on behalf of the Government) and Major-General Sarkin Yarkin in the English High Court.
The claimants are the chiefs of 53 communities in the Delta State area within the Federal Republic of Nigeria. They had earlier obtained a judgment from the Nigerian Federal High Court on 5 December 2013 in the sum of N99,999,999,999.30 (ca. £400 million) made against the Defendants jointly and severally.
The English proceedings relate to the attempt by the Claimants to register this Nigerian Judgment pursuant to Section 9 of the Administration of Justice Act 1920 as part of efforts to enforce the Judgment against the assets of the defendants in England and Wales.
On the basis of State immunity, Mr Justice Holroyde refused to order registration of the Nigerian Judgment as against the President and Attorney General of Nigeria, but held that immunity did not preclude the registration of the Judgment as against Major-General Sarkin-Yarkin.