Nigerian man who failed 'good character' test for citizenship over drug dealing conviction loses High Court challenge

High Court reporters

A Nigerian man who was refused citizenship due to his conviction for drug dealing here 14 years ago, which he said was because he had to make money to support his siblings after his father's death, has lost a High Court case seeking to quash the decision.

Olayiwola Saheed Akande took a judicial review against the Minister for Justice over the refusal made on the grounds that he did not satisfy the 'good character' test in the Irish Nationality and Citizenship Act.

In his judgment, Mr Justice Cian Ferriter upheld the refusal, saying the Minister took into account all relevant information and submissions in assessing the positive and negative factors present leading to the decision, including "the continuing weight to be attached to the serious conviction".

It was submitted that Akande (40) came to Ireland from Nigeria in February 2000 as a minor, accompanied by his father.

An application to remain in the State as being part of his father's family unit was lodged in 2002, but in August 200,4 the application was refused, and the Minister proposed to make a deportation order against him.

However, in 2005, Akande married an Irish national and successfully applied to remain in the State.

In 2010, he was charged with possession of drugs for sale or supply and pleaded guilty in 2011 before the Dublin Circuit Criminal Court, where he was sentenced to seven years' imprisonment with the final three years suspended.

A year later, he was transferred to an open prison and was released on day-release 18 times without incident. After two years and 27 days of his sentence, he was released from prison and completed the Community Return Scheme in June 2014, to positive reports from supervisors.

In Akande's submission, he outlines his personal circumstances, expressing his remorse for "the worst decision" he ever made.

He submitted that his father was diagnosed with pancreatic cancer in 2008, when Akande had to leave his job here to care for him. Upon his father's death, Akande took on the responsibility to financially provide for his siblings in Nigeria.

Akande submitted his drug-possession conviction arose from "the worst moment of my life", that it was "completely out of character" for a man with no previous convictions and was a "gross error of judgement".

Mr Justice Ferriter, in his judgment, said that Akande's case was that he had "completely put his once-off criminal conduct behind him, had been of exemplary character since, had not re-offended, was integrated back into the community and was in a stable marriage and working for many years".

Mr Justice Ferriter said the decision-maker noted the drugs offence was disclosed in Akande's application for citizenship, which was "demonstrative of his forthrightness" and to his credit but added that the offence was a "very serious" one.

In his decision, Mr Justice Ferriter said the essence of the applicant's case is that the Minister, in assessing good character, attached "undue weight to his once-off conviction notwithstanding its antiquity and not enough weight to the long passage of time with good behaviour since then".

"The Minister's decision here was not based on a risk of re-offending; it was based on the view that the seriousness of the applicant's conviction was such as to outweigh the passage of time," wrote Mr Justice Ferriter.

"Ultimately, the applicant's case amounts to an invitation to substitute a different decision on the merits of the case, which this court cannot do. It is for the Minister to attach the weight she considers appropriate in determining whether good character is established," he said.