A suspended Reform UK councillor in Britain is facing trial over a Facebook post suggesting Nigerians in Sunderland should be melted down and used to fill potholes, with the court set to determine whether the remark crossed the line from offensive speech into a criminal offence.
Glenn Gibbins, 66, who represents the Hylton Castle ward on Sunderland City Council, denies posting a grossly offensive message in March 2024, before his election.
The three-hour trial is scheduled to take place on Monday at South Tyneside Magistrates’ Court, where District Judge Zoe Passfield is expected to consider whether the post violated the Communications Act 2003 or was protected by freedom of expression.
The post reportedly complained about the “amount of Nigerians in town” before adding: “Should melt them all down and fill in the pot holes!!”
The message was later deleted but emerged in May after Gibbins’ election. It was first reported by campaign group Hope Not Hate, prompting calls for action against the councillor.
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At an earlier hearing, Judge Passfield said the central issue was whether the message was merely offensive or sufficiently serious to amount to a criminal offence.
“The issue is very straightforward, was the message offensive, which Mr Gibbins agrees it was, or was it grossly offensive?” she said.
The judge also raised the question of the defendant’s right to freedom of expression under Article 10 of the European Convention on Human Rights.
“Was it sufficiently offensive to override his Article 10 rights?” she asked.
Northumbria Police began investigating after the post came to light in May 2024. The force received a report, investigated the allegation and referred the case to the Crown Prosecution Service, which authorised the charge.
Gibbins was suspended by Reform UK on May 11 following the controversy. The party reinstated him in June with a final written warning after he complained that comments made “years ago” had been “taken out of context”.
However, after he was charged, a Reform UK spokesperson said he had been suspended again “pending the outcome of his case”.
Sunderland City Council now lists Gibbins as an Independent councillor.
The councillor has been on unconditional bail ahead of the trial. At previous court appearances, he spoke only to confirm his name and address.
The case centres on the legal threshold for prosecuting offensive online messages, particularly where freedom of expression is raised as a defence.
Gibbins denies the charge and is presumed innocent until found guilty by the court.

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