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Re: Request for Clarification
Mr. Eugwonye:
I find your email of November 10, 2006 lacking in
substance, candor and sincerity. Ordinarily, I would
not dignify it with a response.
I owe you no clarification on my press statement. A
simple "English reading exercise" is all you need. I
stand by the entire contents of my press release. It
was written in English and not in Latin.
If you have an ethics question, consult the Rules of
Professional Conduct, or call the Lawyer's Ethics
helpline. I do not wish to engage in what appears to
be your pattern of frivolous and delusional lawyering.
Nor do I wish to lecture you on the perils and
consequence of twisted facts and false statements.
My client is represented in his personal capacity, and
not in his governmental capacity as President.
Further, he is not a party to the Nigeria Airways
case- whether personally or in his official capacity.
But you already know that "counselor." It appears you
have a major problem distinguishing between "apples
and oranges."
Lastly, I noticed that your email was sent to me at
approximately 1:08 pm, yet within two-hours (at 3:17pm
EST), the email's central contents had been uploaded
to the public on the front page of
www.saharareporters.com. That appears to be record
time-- even if the website had a branch office within
your office. I am accordingly releasing this email in
public domain.
If ever again, you covertly copy the Press on any
communication in the cases between us, I will promptly
cease all direct email communication with you.
The attached Press Release is self-explantory. If you
wish, I will forward you a copy of the Professional
Rules as well.
Very truly yours,
Kunle Fagbenle, Esq.
Global-Lawyer
Request for Clarification
Dear Mr. Fagbenle:
It has come to my attention that in a widely
publicized correspondence
to a media center in America, you recently held
yourself out to have
been appointed by the President of Nigeria, Chief
Olusegun Obasanjo,
GCFR, as the President's personally attorney
globally.
Ordinarily, I should not be interested in who you
represent in so far as
it does not concern a matter in which I am involved
as counsel. However,
it is a public record that since December of 2003,
you have been a
lawyer in a lawsuit filed against the Federal
Republic of Nigeria and
three of its agencies in the New York federal court,
titled AZIKIWE, ET
AL. V. FEDERAL REPUBLIC OF NIGERIA, ET AL., United
States District Court
for the Eastern District of New York, Case No.
03-6387. You have
remained counsel in that case till present. You have
pleaded against the
Government of Nigeria in that case. In the complaint
in that case you
alleged that the Government of Nigeria under this
President was involved
in racketeering activities and that the Government
of Nigeria has
engaged in various acts of torture against the law
of nations. You filed
your case against Nigeria partly under the Alien
Torts Claims Act. As
you understand these were very serious claims and
allegations that you
have made against the Government of Nigeria and the
administration of
President Obasanjo. Since the past two months, we
have been mediating
this case with a view to settling it. During the
mediation process, you
have repeatedly accused Obasanjo administration of
cross violations of
rights. Indeed, I have vigorously defended the
Nigerian State against
these allegations, honestly believing that you
exaggerated your claim
against the Government and that your claim is
largely frivolous and was
a sheer blackmail.
Now, I am puzzled to learn that you are holding
yourself out as the
personal attorney on "global matters" for the
President of Nigeria, even
at the same time as you are making global claims
against the Government
led by the President. I am troubled by this
development because I can
immediately perceive a serious conflict of interest,
and this is in
addition to other forms of conflict that I raised
several weeks ago, and
which has not been addressed by you. If you are the
personal attorney of
the President on global matters, it will be fair to
assume that you are
in a position to influence the Government of Nigeria
in the process of
the resolution of the case pending in New York. This
is particularly so
because you have previously been warned against
improper contacts with
the officials of Nigerian Government for the purpose
of this case. It
would seem that the proper manner to proceed at this
point will be for
you to withdraw your appearance in the New York
case. Otherwise, you
should clarify your position and assure me that you
have not indeed been
appointed as personal attorney to President Obasanjo
and that you will
not act in such capacity until the case pending in
New York has been
resolved.
I expect you to treat this matter with necessary
urgency, bearing in
mind that I do not feel comfortable continuing to
mediate the New York
case with you if indeed you are in a position to
exact influence over
the leadership of the same party you are suing in
court.
Thank you for the courtesies.
Ephraim Emeka Ugwuonye, Esquire
President
ECULAW GROUP
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Posted by Robot| 11.11.2006 09:43