14

Jul

2006

Abubakar hires Reagan's dep. AG: Can he avoid Judge's wrath? PDF Print E-mail
By Empowered Newswire
14 July 2006
LAOLU AKANDE
NEW YORK
 
For failing to appear in court for a scheduled hearing two days ago-July 12- in a US district court, Nigeria's former head of state General Abdusalami Abubakar and his attorney Emeka Ugwuonye have both been ordered by US district Judge Mathew F. Kennelly in Chicago to show cause why sanctions should not be meted out for the General's refusal to file a status report as ordered by the court about two weeks ago.
 
It would be recalled that on June 28, about 2 weeks ago, the US Judge ruled that the plaintiffs in this case, Chief Anthony Enahoro, Dr. Arthur Nwankwo and Miss Hafsat Abiola are free to proceed in the pursuit of a legal suit in the US against the former head of state since Nigeria did not provide an adequate judicial forum to pursue the suit. General Abubakar through his attorney has argued that the plaintiffs had adequate judicial forum in Nigeria.
 
So dissatisfied with this ruling was the General that his attorney Ugwuonye had vowed to request a reconsideration by the Judge and possibly pursue an appeal of the matter. By Tuesday, according to judicial records, Abubakar had already filed a notice of appeal in the court of appeal and filed another motion for extension of time.
 
In deed,  the former head of state is also believed to be beefing up his legal team by adding to it, Bruce Fein, a former Deputy Attorney-General of the US during the presidency of Ronald Reagan. Fein is noted as a constitutional lawyer and an international consultant.
 
Reliable sources have also hinted that the Nigerian government is getting more interested in this case and may be asking for a meeting with the US State Department over what the Nigerian government considers as the wider judicial implications of the ruling two weeks ago, which may have implied that the Nigerian judiciary is not an adequate forum to legal remedies, which is the interpretation that the defendants are giving the ruling.
 
The appeal filed by General Abubakar is however a futile pursuit according to Kayode Oladele, attorney for Chief Enahoro, Dr. Nwankow and Hafsat. Oladele noted that the rules of procedure does not allow an appeal over a ruling which is not a collateral matter nor a final order of the court. The plaintiffs counsel observed that what the defendant can do is to reserve appeal for now.
 
However status hearing was fixed for Wednesday, July 12 and the Judge had expected both sides through their counsels to submit a joint status report. But according to the Plaintiffs' lawyer Kayode Oladele, when he called Abubakar's lawyer to initiate preparation of the joint status report as ordered by the court, Abubakar's lawyer refused and called his bluff using expletives. As a result of Abubakar's lawyer's absence to appear in court Wednesday, the US Judge issued an order that both the lawyer and his client-the former head of state must appear before him on July 26.
 
According to the order made available to this reporter "Defendant fails to appear. Status hearing held and continued to 7/26/2006 at 09:30 AM. Plaintiff's motion for leave to file a separate status report is granted. Defendant and his attorney, Ephraim Ugwuonye, are ordered to appear on 7/26/2006 at 9:30 AM. to show cause why he should not be sanctioned for failure to file a status report as ordered and for failure to appear today."
 
The order by the Judge to have the former Nigerian head of state appear before him later in the month may in fact be the threshold of the case because the failure of the former head of state to appear may force the court to issue a sanction on him, a scenario observers say would certainly show some judicial teeth or lack of it in this  5-year old legal contest. While the some of the plaintiffs in this case have made themselves available for deposition, the defendant is yet to be deposed as his lawyer has persistently tried to halt the case on preliminary grounds, the latest of which was the ruling by the court two weeks ago granting leave to the plaintiffs to sue the former head of state in the US.
 
In his motion for extension of time to comply with the Judge's order on status report, Abubakar's lawyer said "that by their very nature, discovery issues of the kind that the court expects to be resolved at this stage of this action requires Defendant’s counsel to consult with Defendant to ascertain Defendant's availability. Defendant, who is resident in Nigeria and normally engaged in several international commitments that are usually scheduled well in advance, is currently traveling outside Nigeria. Efforts to reach Defendant since the past one week have not yielded effective results, due to his travels."
 
Also Abubakar's lawyer claimed that the former head of state is a member of the National Security  Council of Nigeria, a claim whose veracity cannot be confirmed since the former General is only publicly known as a member of the National Council of States which membership consists of former heads of states.
 
According to him " That Defendant, who is a member of the National Security Council of Nigeria is duty bound to formally consult with or notify the Government of Nigeria before participating further in discovery. The reason is that the matters that are likely to come up in discovery may involve official privileges of the Nigerian state and the official secretes of the state, including the details of the voting patterns of the members of the Provisional Ruling Council (the highest organ of the Nigerian Government) between 1984 and 1999, as well as the details of the deliberations of the Federal Executive Council of Nigeria within the same time period."
 
Considering this, Abubakar's lawyer asked for an extension of time, which he said "if granted, will enable Abubakar to make these necessary consultations with the Nigerian government and obtain all essential clearances required under the laws of Nigeria."

Commenting on the court order to Abubakar and his lawyer to appear in court and show cause why he-Abubakar- should not be sanctioned, Oladele said "the Court was simply not impressed by their disobedience to its order and the reasons they gave for their failure to obey the order."
He added that "we are aware that the General filed an appeal with the Sixth Circuit Court of Appeals on Monday this week. We think it is a bad idea because they are not going to get anywhere with it. To start with, this is an interlocutory verdict that is neither a final decision nor a collateral order. The U.S legal system does not allow for piecemeal litigation."
 

 

 


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RobotRobot is offline

 # 1 | 14.07.2006 09:15

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ExxcuzmeExxcuzme is offline

 # 2 | 14.07.2006 10:15

After all the Shakara, the US Justice Dept will wade in to influence the proceeding and that will be the end. Since all Abubakar did was for American Interest or the former Military Head of State woulde would have released Abiola if the American govt wanted Abiola to rule.

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BiafranPrincessBiafranPrincess is offline

 # 3 | 14.07.2006 10:34

I'm loving this. So there is hope that IBB and Abubakar will be made to face justice someday soon. Naija will see interesting times between now and 2012. I have a feeling the 5 years from now, we'll be seeing the birth of a better and renewed nation.

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gwobezentashigwobezentashi is offline

 # 4 | 14.07.2006 13:05

Picture this! It is 2008, an overfed (from too much quaffing) fugitive from international justice masquerading as a chicken and pig farmer is running from justice. He is accused of human rights abuses in Odi and Zaki Biam in 2001(?). He has been suffering from withdrawal symptoms as he is no longer able to travel to his favourite countries at will or on a whim. He is also missing the luxurious surroundings of Aso Rock and the fawning attentions of his countrymen and especially the women since "stepping aside" from power. He has been over eating and putting on more weight so his mid section is even more rotund. He no longer bothers to play squash for exercise or even bend down to tie his shoe laces because he can't see the shoes anyway seeing as him belle de for way.

The Nigerian President since being sworn in on May 29, 2007 has so far resisted western government's demands to hand over the fugitive he fondly calls "My Prezzo" on the grounds that he is a former head of government who is covered by sovereign immunity and that these events took place in PDP States, so they are classified as "Family Affairs" afterall wetin concern UN there or Agbero with overload ehn?? All pleadings have fallen on deaf American and UN ears so far and the American noises have been getting increasingly bellicose. The President of Nigeria is on his way(airborne in Airforce "Tokunbo" One) to see the President of the USA to discuss "regional security arrangements" following the declaration of war between the newly recognised Bakassi Republic and Cameroun. Nigeria has been inundated with refugees from the conflict and the Cameroun government has alleged that renegades were launching attacks on it from Nigerian soil. Tensions between Cameroun and Nigeria are therefore mounting. The French are standing up for Cameroun at the Security Council but Britain, the so called Nigerian friend is making feeble noises about rule of law and ancient treaties. British companies have recently signed some contracts with the new Bakassi government to explore the oil fields off their coast as have the French. They both do not want war but the new British Prime Minister is uninterested in taking a partisan stance wondering "why can't we all be friends"?.

The "chicken and pig farmer" finally abandons his sanctuary in an apparently well secured and expensive estate housing a library in SW Nigeria and hot foots it. The Nigerian government claims the fugitive has escaped and his whereabouts are unknown. The Americans threaten not to allow Airforce Tokunbo One to enter American airspace unless the farmer is produced kia kia. He is then (some say, conveniently) spotted around the Cameroun border near Lake Chad by an undercover SSS agent posing as a fisherman. He is accompanied by a detachment of mobile policemen and NARTO thugs commanded by a former federal legislator called Chumy and including one young billionaire called Abu who apparently is an expert in electoral malfeasance and presidential pimping. In his convoy also are three Madams, one from Bakassi and two from Imo State arguing over whose turn it is on the congo shining rota.

The convoy pulls up at the immigration post and passports are produced for checking. It is clear to the customs and immigration officers that, they have a very important traveller and that his "roja" should be a big one. His (Oluwole) passport looks fine but a curious immigration officer is attracted by the noise coming from the car of the Madams and decides to do a head count. Lo and behold, sitting among the Madams in the S-Class was the rotund and unmistakable figure of the former despot wearing a long beard. His photographs now feature prominently on the Interpol wanted list. The immigration officer raises the alarm and it is all over for the escaping fugitive who is taken into custody in Gashua police station for onward carriage to Abuja, Louis Edet House.

The chicken and pig farmer is beside himself with worry. He starts to actively work the phones. He reaches out on one of his numerous free GSM phones (provided thanks to a generous severance package provided for ex tin pot dictators) to his friends in the IMF, World Bank, EU, UN, Arab League, AU, APEC etc etc EFCC, ICPC sef :wink: , no show! He reaches out to African leaders and fellow despots, but all have run for cover.

In the end the man gives up and is put in chains and flown to the Hague for trial in the style he is accustomed to - aboard a presidential jet. He is however grateful to finally be seperated from his quarrelsome congos and he thanks God for small mercies.

Airforce Tokunbo One touches down at JFK in the early hours and is met by the Nigerian Ambassador to the USA who quickly briefs the President that the fugitive is on his way to the Hague and that all's well that ends well. The Nigerian President is then airlifted by helicopter to his meeting at the White House where he and his Defence Minister produce a long shopping list of American missiles and drones which they want in exchange for Sweet Bonny Light. Everyone's a winner except for the fugitive farmer who wonders, when he will see his chickens again. At age 74, very unlikely ever but who will tell him? Perhaps Afe, his lawyer will. Afe promises himself that this is his last case before he hangs his wig.


Aluta!


Gwobezentashi

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AuspiciousAuspicious is offline

 # 5 | 14.07.2006 13:50

Gwobe -

U don KOLO..Oh me gosh! LMAO!

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ozodiosujiozodiosuji is offline

 # 6 | 14.07.2006 13:52

One should carefully choose ones battles; this case is really not one of my battles. Nevertheless, as an African, I am concerned that events that transpired in Africa are being litigated in the United States. Suppose we reverse the situation: could events that took place in the USA be adjudicated in Nigeria? Do Nigerian courts have jurisdiction over events in the USA? If not, why should American courts have jurisdiction over events that took place in Nigeria? It would seem that the underlying presupposition in this matter is that the white man, in this case, American jurisprudence, has supervisory function over black men's behavior. This would seem to suggest that Africans are children being supervised by presumed adult white men. Again, I have no beef to grind in this matter. I am just a disinterested bystander wondering why Nigerian plaintiffs would take their case to the white man to settle for them. I am wondering whether this is symptom of residual colonial mentality in our folks? I am just thinking out loud and do not pretend to have the answer. Have a good day.

Ozodi Thomas Osuji, PhD

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ElementElement is online

 # 7 | 14.07.2006 14:29

Osuji:

You are rather idealistic here forgetting the judicial environment in Nigeria where bigman-ism decides litigations. Can the plaintiffs get justice in Nigeria should be the question and not colonial mentality? Trust in the judiciary has evaporated and in this case the symbolism should not be lost on us all. Dictators cannot be allowed to go free, even Charles Taylor is now in the Hague, a western city? So, my brother try and be broad in your analysis. That is, think deeper.

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AuspiciousAuspicious is offline

 # 8 | 14.07.2006 16:29

@ Ozodi -

If there was a creditable means of seeking redress - a well-functioning legal
system at home in Black Africa, the aggrieved would not have to travel all
the way across the Atlantic to seek justice.

No, events that transpired in the USA cannot be adjudicated in Nigeria and
we all know why - they have a representative and reliable legal system;
their legal system is tested and trusted - plus the government there dont
ignore summons or court orders.

The man, woman, son, daughter or community who have been aggrieved
simply seek justice - and they hope to see that justice in their lifetime.
Hence, they will go to any limit to seek that justice - especially when the
system that is supposed to protect their interests at home habitually fails
in the duty to do so.

These individuals are are not illiterates who don't appreciate their status as
equals with people whom you described as "white men". The same reason
they sought redress in America is the same reason why you went to UCLA
to seek the Golden Fleece of education.

What alternative do these people have for getting their prayers answered
for people like Abubakar to be held accountable? What alternative(s) did
you have for getting the excellent quality of education you got from UC?
Can a court in Nigeria make Gen Abubarkar appear before it? (Could the
then powerful Oputa Panel make Gen Babangida appear before it?) Could
the Universities in Nigeria have given you the quality of education that
you acquired at UCLA?

Let's learn to shed a little bit of our pride and be realistic here. We are
better off just hoping that those who have suffered injustice of any kind
get some form of redress one way or the other.

PS:
What's up with wearing your PhD on your shoulder? Didn't you preach on
the Igbo's mentality of showing off - a la "my PAFEENDA V-DOZEN"?
(Pathfinder V-12).

Just thinking out loud here as well..

Auspicious.

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Haruna student -OntarioHaruna student -Ontario is online

 # 9 | 14.07.2006 16:42

Such a dishearthenig news for a lawless society. It is big shame for Nigerian, we call ourself the giant of Africa that we could not bring to justice the perpetrators of those act.
I think the time have come for them to be brought to book.
Thanj you.

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cdimkpacdimkpa is offline

 # 10 | 14.07.2006 17:30

Ozodi Thomas Osuji, PhD

As Auspicious rightly pointed out, what is the point of Osuji tagging himself with his PhD degree? For a person like him, does that not smack of lack of humility? I am sure that Osuji's professors do not print their degrees on their forehead as Osuji does. This shows the phoney nature of Osuji's unprecedented attacks on the Igbo. Shame, shame, shame, fake Osuji.

C Dimkpa
 

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