This case involves a complex sham marriage arrangement that enabled two Nigerian nationals to remain in the UK using someone else's identity documents and to claim child benefits and tax credits. Through a wider conspiracy, the Nigerian couple used a Dutch national, a co-accused, to set up a sham marriage with the Nigerian male. The Dutch identity papers were used by the Nigerian female when she and her partner filed their marriage application. The Dutch co-accused then came to the UK for the wedding ceremony, but the Nigerian couple continued to use her papers to claim child benefits and tax credits. Three persons were convicted on charges of conspiracy to facilitate a commission of a breach of UK immigration laws on 24 January 2012. The Nigerian male and the Dutch female later unsuccessfully sought to appeal their sentences.
Mr Olusanya benefited financially from the sham marriage scheme in that it enabled him to claim child benefits and tax credits of approximately GBP 8200.
Ms Sabina received GBP 3000 for the two trips she made to the UK.
Crown Court
In this trial, the three accused pleaded guilty to the single count pf conspiracy to facilitate the commission of a breach of UK immigration laws by non-EU persons.
Olukayode Olusanya was sentenced to 4 years imprisonment.
Zunica Sabina was sentenced to 3 years imprisonment.
Court of Appeal (Criminal Division)
Mr Olusanya and Ms Sabina unsuccessfully sought to appeal against their sentences.
Mr Olusanya was residing illegally in the UK at the time when he entered into the sham marriage. He and his Nigerian partner had four children at the time they committed the offence.
Ms Sabina is a Dutch national of Antilles extraction residing in the Netherlands.
The case report refers to a third person charged and convicted in the UK in relation with this sham marriage. Information about the identity of that person was not available at the time of writing, though this person might have been Mr Olusanya's Nigerian partner.
The case report also refers to one or more other persons involved in this conspiracy, including one person based in the Netherlands who paid Ms Sabina for her role in this arrangement.
Information about the other persons involved in the conspiracy, including those based in the Netherlands, was not available at the time of writing.
[conspiracy to facilitate the commission of a breach of UK immigration law by non-EU persons]
Mr Olusanya was the Nigerian male who entered into the sham marriage.
[conspiracy to facilitate the commission of a breach of UK immigration law by non-EU persons]
Ms Sabina was the Dutch national who gave her identity papers to the Nigerian couple and also participated in the wedding ceremony with Mr Olusanya.
Olunsanya & Sabina v The Queen [2012] EWCA Crim 900; [2013] 1 Cr App R (S) 32
This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.
