CL-2024-000452 - [2025] EWHC 2217 (Comm)

Fecha: 26-Ago-2025

INTRODUCTION

(A)

INTRODUCTION

This case concerns a claim by the Federal Government of Nigeria (“the FGN”) and the Attorney General of the Federal Government of Nigeria (“the AG”) for the setting aside of a default judgment granted by Moulder J on 9 November 2018 in proceedings brought against them by the Defendant (“Dr Williams”) in claim CL-2016-000151 (“the 2016 Proceedings”) for US$14,986,791 (plus costs) (“the Default Judgment”) on the ground that the judgment was obtained fraudulently.

By my substantive judgment dated 8 May 2025, I dismissed an application by Dr Williams for an order striking out the claim on the ground that it was an abuse of process.

After that judgment was handed down, I made an interim order on the papers on 17 June 2025, formally dismissing the application and giving directions for (a) service of a Defence by Dr Williams, (b) the filing of submissions in relation to costs and any other consequential matters and (c) the filing of evidence in response to, and the hearing of, an application issued by the Claimants on 2 June 2025 for an anti-enforcement injunction (“AEI”). Dr Williams on 23 June 2025 applied to set aside that interim order.

At a hearing on 11 July 2025, I made orders:

dismissing Dr Williams’ application to set aside the interim order dated 17 June 2025;

ii)

disposing of the costs of Dr Williams’ application to strike out the claim;

iii)

refusing permission to appeal from my decision on the strike-out application;

iv)

providing for Dr Williams to be debarred from defending these proceedings without further order unless he files and serves his Defence by 4pm on 8 August 2025;

dealing with the costs of the set-aside and ‘unless’ order applications; and

vi)

granting an AEI restraining Dr Williams, until the final determination of these proceedings or further order of the court, from taking any step(s) to pursue or prosecute or progress his claim or seek relief (or any similar claim or relief) in proceedings which Dr Williams has commenced in the United States District Court for the Southern District of New York seeking recognition and enforcement of the Default Judgment.

It was not practicable at the hearing on 11 July 2025 to give more than very brief reasons for order (vi) above, the grant of the AEI, so I indicated that short written reasons would follow. This judgment sets out those reasons.