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Sunderland City Councillor Glenn Gibbins outside South Tyneside Magistrates’ Court (Image: PA)

A suspended Reform UK councillor has avoided jail after he said on Facebook that Nigerians should be melted down and used to fill potholes. Sunderland City councillor Glenn Gibbins, 66, was convicted of malicious communication after a trial at South Tyneside Magistrates’ Court, where he argued he was just making a “naughty”, tongue-in-cheek joke.

He made the post in March 2024, two years before he was elected, but it was exposed when the group Hope Not Hate went through his social media before the local elections. District Judge Zoe Passfield sentenced him to a 12-month community order with 150 hours of unpaid work, having assessed that the post was not just offensive, but was grossly so.

His legal team said Gibbins intended to appeal at the Crown Court later.

Gibbins posted: “Carnt believe the amount of nigerians in town… should melt them all down and fill in the pot holes!!”

Emma Dowling, prosecuting, said: “The comment about melting them down conjures up despicable images.”

She said it implied that Nigerians were “somewhat less than human, stripping people in that group of humanity”.

Godwin Ejeh, a community leader for Nigerians in Sunderland, gave evidence to say he led a protest outside the City Hall building when Gibbins should have been sworn in, hoping that the councillor would apologise.

But Gibbins had already been suspended by Reform UK after the post came to light and he did not attend the ceremony.

Mr Ejeh, who stood as a Liberal Democrat councillor in the May elections, denied trying to make political capital from the situation, telling the court: “We are talking about humanity here, it’s way beyond politics.”

He said Nigerians in the city were “distressed” for their safety and the safety of their children.

In a victim impact statement, he said: “Comments that were said to be a big joke have had a great impact on my community and I believe this is not something a human should have to put up with.”

Gibbins, a divorced former salesman who runs a stall in Sunderland city centre printing novelty gifts, told the court: “I thought it was a tongue-in-cheek joke.

“It was an unreal scenario. No-one took it literally.”

He said he had set up his business in the Bridges shopping centre and recalled that on the day he made the post, some Nigerians had approached him about buying some of his printing equipment.

Gibbins recalled he had “banter” with the Nigerians at his stall and that the conversation was good fun.

That night, after “a couple of cans of beer”, he said he saw a post on Facebook about Nigerians which he tried to share without success, so he typed it out himself and posted it to his public Facebook profile.

When Ms Dowling asked him what reaction he intended to cause, he said: “It was tongue-in-cheek, a bit naughty, but I thought it was fun.”

Speaking of the earlier interaction with the Nigerians at his stall, he said: “They had done my head in, in a funny way not a bad way.”

When she asked what was funny about the post, Gibbins replied: “It’s an unreal scenario, you cannot melt people down, anyone that takes that literally… you cannot do that.”

He added: “I wouldn’t dream of joking about killing people.”

He said he was not particularly political and when he was approached by Reform UK about becoming a councillor in March this year, he considered it would be a source of income “to tide me over” when business was quieter in the summer.

He also said he enjoyed helping residents in the brief period when he was not suspended.

Ms Dowling, summarising the prosecution case, said the post was grossly offensive and dehumanising.

She said it was shared “for no reason whatsoever other than to offend and humiliate people from Nigeria who live in Sunderland”.

Adam King, defending, said the post was “unfunny” and “an unpleasant joke/non-joke”.

He said professional comedians such as Jo Brand had joked about throwing acid on Nigel Farage, and Jimmy Carr about gypsies in the Holocaust, and they had not been prosecuted.

After the conviction, Mr King said Gibbins had lost his concession at the shopping mall.

“Financially, he is on his uppers,” he told the court.

He said Gibbins had suffered as a result of the media scrutiny, which included (equalities minister) Bridget Phillipson talking about the case to two million people on Laura Kuenssberg’s BBC show.

District Judge Passfield said Gibbins now accepted that his post was offensive, but not grossly so, and maintained it was a joke.

She said he had no previous convictions, had not offended since the post more than two years ago, and she had read character witnesses in his support.

The district judge said she had considered Gibbins’ right to free expression as per Article 10 of the European Convention on Human Rights, but decided the post was not a genuine expression of political views.

Gibbins must pay £650 court costs and £114 surcharge but the district judge did not make a compensation order.

Labour Party chairwoman Bridget Phillipson said the “damning” verdict “confirms Reform’s ranks are riddled with blatant racism”.

“Acknowledging this isn’t a matter of party politics, it’s about basic decency,” she said.

“Reform knew Gibbins had made these comments, but they allowed him to stand to represent Sunderland. Rather than acting to root out racism, it took a police investigation to force Gibbins out of the party.

“Reform UK are drowning in sleaze and scandal. Time and again, they have shown they are not fit for office and they would take our country in a dangerous direction.”

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