Birmingham Labour veteran risks losing honours for lying over giving voters fruit

A former Lord Mayor of Birmingham risks losing his honorary title after he was criticised by a High Court judge for denying allegations he gave packets of dates to voters while campaigning –  which were subsequently ruled to be “truthful”.

Birmingham City Council will hold an extraordinary meeting next week on the case of former Labour councillor Muhammad Afzal following a petition signed by councillors calling for “the title and privileges of alderman and any other honorary titles and positions held with the council” to be removed from him.

It came after Afzal sought to have the results of the 2022 election in Aston ward – which saw him lose his seat – declared void on the grounds that the two elected councillors had made “false allegations” during the campaign “that [he] was bribing voters with the provision of packs of dates”.

But Afzal then sought to withdraw the High Court case after the councillors submitted evidence that “included doorbell video footage of [Afzal] and his supporters giving packets of dates to electors with Labour Party stickers on them, and further evidence that this was a widespread practice throughout the ward during the election campaign”.

Judge: ‘He served evidence…he must have known to be false’

Judge Richard Foster’s ruling stated that “there is conclusive evidence that indeed [Afzal] and his supporters did supply electors with packets of dates containing Labour Party stickers on a widespread basis during the election campaign”.

Foster criticised Afzal in the judgement, writing that he “had the audacity to issue these proceedings in the knowledge that the allegations quite properly made by the respondents in the course of the election campaign were truthful”.

“He persisted with the petition and served evidence from himself and others which was and he must have known to be false,” Foster continued.

LabourList understands that Afzal was suspended from the Labour Party and placed under investigation over the incident.

Petition for honours to be removed

The extraordinary council meeting next week will consider the petition calling for Afzal’s title as alderman to be removed in light of the court’s ruling. The petition, submitted to the council last year, has been signed by local Liberal Democrat, Green and Conservative councillors.

Council papers reveal that “it is not proposed to consider” the immediate removal of the title at the meeting, suggesting this is pending councillors voting instead on a review of council policies on both the appointment and removal of such titles.

Councillors are also asked to vote on whether to recommend to future Lord Mayors not to ask Afzal to undertake any official duties as the Lord Mayor’s Deputy, as well as whether to recommend to them that he should not attend any official events in his capacity as a former Lord Mayor.

Afzal’s solicitors hit back hard

Representations to the council by Afzal’s solicitors – sent last May but released publicly for the first time in the council papers – argued that removing his title is “illegal”, that the council does not have the power to do so and that its interpretation of the law is “flawed”.

“The council does not have power to bring any motion to take away title which has already been given to our client for eminent services to the council as past member of that council. It does not deal, with future conduct. Nor gives powers to remove honorary titles or bring motion on that basis,” they stated.

They also claimed that Afzal is “being discriminated due to his age” and is “being singled out due to his age and race”. The representations alleged that “there are other honorary alderman who have criminal convictions and still retain the title”, adding: “This is a case where our client is being discriminated and victimised.”

They argued that the actions of the council were “irrational, illegal, unreasonable and disproportionate” and claimed that the decision on whether to remove Afzal’s title “indisputably” has “grave consequences” for the former councillor.

Council ‘satisfied’ its approach is legal

Responding for the council, Robert Connelly, its assistant director of governance, acknowledged that there is no “express provision” within the relevant law to withdraw an honorary title, but cited a case he argued “provides powerful support for the proposition that an honorific alderman can have that honour withdrawn”.

He continued: “If your argument is correct, it would mean that someone who is subsequently discovered to have committed the most heinous of crimes cannot have the honorary title withdrawal [sic] which cannot be right.”

Connelly also wrote: “Whilst we note that you alleged that your client is being discriminated and victimised, the reality of the situation is simply that the council has not previously received any petitions that such titles be withdrawn.”

“To summarise, I am satisfied that [the] council’s approach is legal, and should your client wish to challenge that, then he is of course entitled to do so,” he added.

Birmingham City Council, Muhammad Afzal’s solicitors and the Labour Party were contacted for comment.