UBAGATE/ OBJ/ Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye

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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Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
E.w posted on 11-11-2006, 09:33:32 AM

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



..Read the full article
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Kd6 posted on 11-11-2006, 10:16:15 AM
Disgraceful %#%#%#%#%#s. These fools call themselves lawyers in America.
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Emj posted on 11-11-2006, 10:43:49 AM
Tufiakwa.........kai, eleyi bu rewa..................scandalous

QUOTE:
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.



How not to eat and clean mouth and be caught. Kunle omo Fagbenle, you are a real crook and disgrace to ur familic and profession
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
NaijaPRO posted on 11-11-2006, 11:07:27 AM
kd6:

"Dito!" I second una! This is sheer and pure nonsense! Both of una no get cases to preside over? I guess not! If you did, you won't waste your time on issues that have nothing to do with moving Nigeria forward!
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
WayoGuy posted on 11-11-2006, 13:07:14 PM
I say timeout to both sides:

The American Bar Association "Model Rules of Professional Conduct", at Rule 1.9 (a) states that:
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

Analysis:
To make the issues clearer to the reader, the alleged "conflict of interest" by my learned friend Ugwuonye against our learned brother Fagbenle, if it existed at all, would be a conflict with his original clients in the New York case, as well as his new client President Obasanjo, but originating more from his initial clients.

Unless my learned brother, Ugwuonye, is implying that Mr. Fagbanle's representation in the pending New York case is the "same or a substantially related matter" as the appearance of Mr. Fagbanle as the "personal lawyer" to President Obasanjo on the Sahareporters' publications, I see nothing but a slim appearance of conflict and no real conflict. The issues are not the same and the clients' interests are not in opposition. Note that Mr. Fagbanle apparently anticipated these issues which is why, from the very beginning, he identified himself as the President's "personal lawyer" as opposed to Nigerian Government lawyer.

Now, add the additional proviso in the above-quoted American Bar Association rule that even when there is a real conflict, the lawyer may still proceed if the "client gives informed consent, confirmed in writing." Does any person know that Mr. Fagbanle's clients in the pending New York case and even OBJ did not give Mr. Fagbanle written informed consents? He is not obligated to inform opposing counsel Ugwuonye, and in fact may be prohibited by the rules to inform him, of the terms of the written consent.

Further, Ugwuonye implies in his letter to Fagbanle that Fagbanle's advocacy in the New York case against the Nigerian government amounts to a conflict because it is inconsistent with Fagbanle's advocacy on behalf of Obasanjo in the Saharareporter's issues. This line of reasoning presupposes, erroneously, that a lawyer's advocacy amounts to an endorsement of his client's position. In fact, another American Bar Association Rule addresses this point. At Rule 1.2 (b), the rule states that:

A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

My advice to my learned colleagues is to shake hands as we do after a good fight, close the door and go into a confidential mediation conference for the benefit of their various clients.
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Katampe posted on 11-11-2006, 13:39:06 PM
QUOTE:
I say timeout to both sides:

The American Bar Association \"Model Rules of Professional Conduct\", at Rule 1.9 (a) states that:
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

Analysis:
To make the issues clearer to the reader, the alleged \"conflict of interest\" by my learned friend Ugwuonye against our learned brother Fagbenle, if it existed at all, would be a conflict with his original clients in the New York case, as well as his new client President Obasanjo, but originating more from his initial clients.

Unless my learned brother, Ugwuonye, is implying that Mr. Fagbanle's representation in the pending New York case is the \"same or a substantially related matter\" as the appearance of Mr. Fagbanle as the \"personal lawyer\" to President Obasanjo on the Sahareporters' publications, I see nothing but a slim appearance of conflict and no real conflict. The issues are not the same and the clients' interests are not in opposition. Note that Mr. Fagbanle apparently anticipated these issues which is why, from the very beginning, he identified himself as the President's \"personal lawyer\" as opposed to Nigerian Government lawyer.

Now, add the additional proviso in the above-quoted American Bar Association rule that even when there is a real conflict, the lawyer may still proceed if the \"client gives informed consent, confirmed in writing.\" Does any person know that Mr. Fagbanle's clients in the pending New York case and even OBJ did not give Mr. Fagbanle written informed consents? He is not obligated to inform opposing counsel Ugwuonye, and in fact may be prohibited by the rules to inform him, of the terms of the written consent.

Further, Ugwuonye implies in his letter to Fagbanle that Fagbanle's advocacy in the New York case against the Nigerian government amounts to a conflict because it is inconsistent with Fagbanle's advocacy on behalf of Obasanjo in the Saharareporter's issues. This line of reasoning presupposes, erroneously, that a lawyer's advocacy amounts to an endorsement of his client's position. In fact, another American Bar Association Rule addresses this point. At Rule 1.2 (b), the rule states that:

A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

My advice to my learned colleagues is to shake hands as we do after a good fight, close the door and go into a confidential mediation conference for the benefit of their various clients.


Thanks for your analysis. I shared your position but I was willing to wait till someone more knowlegeable commented. I would advise the folks that have shown colossal ignorance thus far on this thread to desist henceforth from polluting the village square.

Please let us engage reason and not give in to sentiments that don't enlighten or solve issues.The white man has accused us of low IQ and we will continue to show same when we fail to detach emotions from our analysis.The guilty parties know themselves.Please rely on lawyers on the village square as resources, although we now know some lawyers are better than others
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Daudathesexyguy posted on 11-11-2006, 13:55:14 PM
Kai,
Oga WayoGuy, this your analysis na he le le. Na good refereeing be dat. But he good say Ugwuonye bring the matter up --although I wonder why he send am to the press. Dat na hitting below the belt.

The Global Lawyer get wicked upper cut and he be like say he dom make him point well. No need for our bobo lawyers to enter this unnecessary fight. I hear say dem they mediate the matter. Dat na good thing for the Nigeria Airways passengers wey dey stranded. Good one. Next?
Dauda in da Haus!
Auspicious posted on 11-11-2006, 14:00:27 PM
QUOTE:
blah-blah-blah!

Wow! There is a Dauda the Sexy guys on NVS?????! Run ladies, RUUUUUN! Dauda, welcome aboard o!
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Emj posted on 11-11-2006, 14:09:54 PM
@Wayoguy.......thanks for the analysis. Am a layman, but not ignorant........IMHO, in as much as it is allowed and in order for Fagbenle to do whatever.........it is still morally wrong. Yes he is now OBJOKe's personal lawyer........and who by the bush/way is still the Commander in chief of everything in nigeria........and owns Nigeria. It is still conflict of interest handling the former brief against Nigeria. They can paint it blue o, white o, or red, na the same thing.........enuff said for now.

By the way Daudathesexyguy, you no juba for the JJc corner, u just ja enter the fillage like dat, take ya time oooooooo. Welcome anywaz
Re: .UBAGATE/OBJ/Saharareporters: Kunle Fagbenle vs Ephriam Eugwonye
Daudathesexyguy posted on 11-11-2006, 14:36:21 PM
My Bruhdas and Sistas make una no vex. I trowey salute to all of una. As democrats dom take over congress na him sweet my bele make me forget protocol. Permission to fall in sir/ma. Where is soul sista tonight?
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