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

MAIN FACTS

On 18 August 2023, Dr Williams commenced proceedings before the US District Court for the Southern District of New York (“the New York Court”) seeking to have the Default Judgment recognised and to enforce it against the Claimants, the Central Bank of Nigeria (“theCBN”), JP Morgan Chase & Co and other unidentified Nigerian government entities and US banking entities holding Nigerian Government funds (“theEnforcement Proceedings”).

The Claimants filed a Motion to Dismiss on 19 September 2023 (as amended on 6 October 2023) on the grounds that there was a lack of subject matter jurisdiction, relying on sovereign immunity. By a judgment of District Judge Lewis J Liman dated 12 August 2024, that motion was denied. Upon the dismissal of the motion, the Claimants filed their Answer to the Complaint on 26 August 2024. In summary, the Claimants (and the CBN) defend the Enforcement Proceedings relying on essentially the same allegations that are made by the Claimants in the present proceedings, i.e. that the underlying claim as presented by the Defendant to Moulder J, and on which the Default Judgment was based, was fundamentally dishonest and founded upon forged and fabricated documents, such that the judgment was obtained by fraud and should not be recognised or enforced. In addition, the CBN advances a separate defence pursuant to the US Foreign Sovereign Immunities Act.

On 28 August 2024, the Claimants appealed against the denial of their Motion to Dismiss. On 8 October 2024 the Enforcement Proceedings were stayed (save for limited discovery ordered to be provided by Dr Williams) pending the outcome of the appeal. The appeal was heard before the United States Court of Appeals for the Second Circuit on 9 April 2025 and, by a judgment dated 30 April 2025, the appeal was dismissed and the stay was lifted.

Subsequently, a Case Management Conference before District Judge Liman was listed for hearing on 24 June 2025. By a motion filed on 16 May 2025, the Claimants applied to stay the Enforcement Proceedings pending the outcome of the Claimants’ claim in England to have the Default Judgment set aside. In the meantime, and without prejudice to the Claimants’ stay application, the parties submitted an agreed joint proposed Case Management Plan and Scheduling Order. Those documents provided for initial requests for production of documents to be made by 30 June 2025, discovery to be completed by 31 July 2026 and depositions to be completed by 31 January 2026. Dr Williams himself has already been deposed, because of his age and poor health, over three days in London between 29 April and 1 May 2025. The Enforcement Proceedings would be expected to reach trial by June 2026, though it could be earlier.

However, by a Stipulation and Order dated 9 June 2025 (stipulation) and 10 June 2025 (Order of Judge Liman), the parties have stipulated, and the New York Court has, ordered as follows:

“IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that this action is hereby stayed until such time as the High Court of London decides the motion for an anti-enforcement injunction filed by the FEDERAL GOVERNMENT OF NIGERIA and the ATTORNEY GENERAL OF THE FEDERAL GOVERNMENT OF NIGERIA;

IT IS FURTHER STIPULATED AND AGREED that the parties will abide by the decision of the High Court in London insofar as it relates to the motion for an anti-enforcement injunction. If the High Court in London grants the anti-enforcement injunction, then the parties agree to abide by that decision and agree that no further proceedings will take place in this action until such time as the anti-enforcement injunction is vacated. If the High Court in London denies the anti-enforcement injunction, then the parties agree to abide by that decision and agree that they will not seek to file or renew a motion for a stay on the grounds set forth in the proposed Case Management Plan and Scheduling Order submitted by the parties (Docket No. 63).

IT IS FURTHER STIPULATED AND AGREED that the defendants, CENTRAL BANK OF NIGERIA, FEDERAL GOVERNMENT OF NIGERIA and ATTORNEY GENERAL FOR THE FEDERAL GOVERNMENT OF NIGERIA hereby withdraws their motion to stay discovery that is presently pending before the Court.”