A United States District Court, yesterday, dismissed a case by a Nigerian lawyer seeking to stop the repatriation of over $550 million of stolen funds during the regime of late General Sani Abacha (referred to as the Abacha loot) to Nigeria until the payment of his legal fees worth $320 million by the Nigerian Government.
The thrashing of the case by Justice John D. Bates of the U.S District Court automatically clears the final legal hurdle for the return of the loot to Nigeria to help it retool its plummeting economy which has received heavy pummelling from falling oil prices and corruption.
The U.S-based Nigerian lawyer, Godson Nnaka, had laid claim to the fact that the Nigerian Government must pay him the $320 million as legal fee for the forfeiture of the $550 million of the Abacha loot still trapped in the United States.
But Justice John D. Bates, in dismissing Nnaka’s case, held the claimant was not entitled to such payment since he was not a party to the forfeiture case filed by the US Department of Justice in conjunction with Nigeria.
Nigeria, through the Office of the Attorney General of the Federation, also filed a robust opposition to Nnaka’s motion for the payment of the lien and also asked the court to bar Nnaka from making subsequent filings in that case.
Ruling on the case, the District Court entered an order denying Nnaka’s Motion for a Charging Lien (fee). The Court also specifically ruled that Nnaka’s participation in this case must now come to an end.”
Justice Bates said that Nnaka did not meet the basic prerequisites to be considered as a proper party in the case and to be paid the amount he requested for, having not qualified to represent Nigeria.
The judge also ruled out Nnaka for the payment since he had not won any judgment for Nigeria.
Justice Bates said in his ruling last night that “Neither Nnaka nor his purported clients are parties to the forfeiture matter and neither of them can win judgment through this litigation.
“The conclusion dooms Nnaka’s motion for charging lien. At common law, the charging of lien is applicable to a judgment or decree obtained for a client by an attorney. Until a judgment or decree has been obtained, the right to impose a lien does not arise.
“Even the most basic prerequisites for charging lien are missing here: Nnaka has not won a judgment for Nigeria; indeed, he had not successfully entered appearance on Nigeria’s behalf. A charging lien in the amount of $320 million is not called for. Nnaka’s claim against Nigeria must be pursued in another case: 16cv-1400.
“Unless and until Nnaka’s claim to the defendant’s assets are reinstated by the DC Circuit, Nnaka’s participation in this case must now come to an end,” the U.S judge ruled, paving the way for Nigeria to draw down its huge cash.
It will be recalled that Nigeria’s Attorney General and Minister of Justice, Abubakar Malami, who was in the U.S for the judgment, had recently raised the alarm that Nnaka was merely trying to delay the return of the Abacha loot by the U.S, by making a frivolous claim that Nigeria must pay him 40 percent of the Abacha loot.
Nnaka had also claimed that Malami was working against him after he had refused to relinquish “70 percent” of his 40 percent to the minister.
But in responding to the allegation, Malami described Nnaka as a strange person to the case who had not recovered a dime for Nigeria since he was allegedly given a mandate by the former Attorney General of the Federation, Mr. Olujimi, to recover the Abacha loot in 2004.
Malami, in a 44-page document made available earlier, described Nnaka as a man trying to reap from where he did not sow.
The minister said the Nigerian Government would not pay Nnaka the huge amount he is asking for since he is not qualified to practise law in the Maryland area where the case is taking place and did not recover any money for the country 14 years after he was given a provisional letter to help locate and recover the Abacha loot.
The court had also held that since the temporary letter given to Nnaka by Olujimi was not revalidated by Mohammed Adoke when the forfeiture case resumed in 2013, the lawyer could, therefore, not claim to be representing Nigeria.
But Nnaka immediately rejected the court verdict and appealed against the ruling and threatened to sue Malami for saying that he was not qualified to represent Nigeria and was not entitled to 40 percent of the Abacha loot. The litany of cases filed by Nnaka and the appeal by the US Department of Justice, in conjunction with Nigeria, directly delayed the repatriation of the huge cash from the U.S to Nigeria.
Upon persistent inquiry, Malami told Sunday Vanguard from the venue of the hearing in the U.S that he was hopeful that with the dismissal of the frivolous case by Nnaka, efforts would be intensified to bring back the Abacha loot.
“We trust that this Order denying Nnaka’s frivolous claim to the Abacha assets, will help to allay the fear of the Nigerian general public arising from an online medium’s article which stated that Nigeria stands to lose $320 million on account of Nnaka’s Motion.
“We also hope that this Order will help to correct the many falsehoods and half-truths published in the past against the Office of the Honourable Attorney General of the Federation regarding this matter.
“This is a positive development for Nigeria,” the AGF said.
University Of Ibadan (UI) Goes Digital, Releases Timetable for Virtual Academic Session
University of Ibadan (UI) on Friday announced it is going ahead with resumption on February 20 despite the second wave of COVID-19.
In a statement released by the school, the First Semester of the 2020/2021 academic session will commence virtually on February 20, 2021.
The virtual academic session will last for 13 straight weeks and end on Friday May 12, 2021, while the matriculation ceremony will hold on Tuesday March 16, 2021.
The University of Ibadan also scheduled one week for the Finalization of Continuous Assessment, to begin from Mon. 17 May and ends Friday 21 May.
The rising number of COVID-19 cases has compelled the Senate to approve the virtual academic session in an effort to ensure the tertiary institution abides by the protocols established by the Federal Government to curb the spread of the pandemic.
“It, therefore, agreed that the 2020/2021 First Semester lectures will be delivered online. In this regard, students will not be accommodated on campus,” a statement from the school said.
“Senate also approved the cancellation of the 2019/2020 session. The next session is, therefore, renamed 2020/2021 Academic Session. Consequently, students who have been admitted for the 2019/2020 session will now be regarded as the 2020/2021 intakes.
“Kindly note that online opening of Registration Portal and Orientation Programme for the 2020/2021 intakes may commence ahead of the Sat 20/02/21 date indicated above,” the statement said.
House of Representatives Impeached Trump Over Capitol Invasion
The United States House of Representatives on Wednesday impeached President Trump for the second time after instigating the US Capitol invasion.
Led by Speaker of the House, Nancy Pelosi, 232 representatives, including 10 Republicans, voted to impeach the outgoing president against 197 that voted for him to remain in the office for the next six days when he would handover to the president-elect, Joe Biden.
The ten Republicans were Representatives Liz Cheney of Wyoming, the party’s No. 3 leader in the House; Jaime Herrera Beutler of Washington; John Katko of New York; Adam Kinzinger of Illinois; Fred Upton of Michigan; Dan Newhouse of Washington; Peter Meijer of Michigan; Anthony Gonzalez of Ohio; David Valadao of California; and Tom Rice of South Carolina.
Speaking before the vote, Pelosi said “a constitutional remedy that will ensure that the Republic will be safe from this man who is so resolutely determined to tear down the things that we hold dear and that hold us together.”
“He must go. He is a clear and present danger to the nation that we all love,” she said, adding later, “It gives me no pleasure to say this — it breaks my heart.”
Republicans, who unanimously stood behind president Trump in 2019 during his first impeachment, were divided this time over the attack on Capitol.
A Republican representative from California, Kevin McCarthy, said “The president bears responsibility for Wednesday’s attack on Congress by mob rioters,” Mr. McCarthy said. “He should have immediately denounced the mob when he saw what was unfolding.”
US Congress Declares Joe Biden as The 46th President of The United States After Trump Mob Left
The joint congress of the United States on Thursday, January 7, 2021 certified Joe Biden as the 46th President of the United States following President Trump’s mob action that disrupted the congress joint proceeding on Wednesday.
After ordering his followers to disrupt proceedings on Wednesday, President Trump later announced that there will be an orderly transition on January 20.
“Even though I totally disagree with the outcome of the election, and the facts bear me out, nevertheless there will be an orderly transition on January 20th,” Trump said in a statement issued by White House Deputy Chief of Staff Dan Scavino.
“I have always said we would continue our fight to ensure that only legal votes were counted. While this represents the end of the greatest first term in presidential history, it’s only the beginning of our fight to Make America Great Again!” Trump added.
While the certification was just a mere formality as Biden had secured enough electoral college votes (270) required to clinch the world’s most powerful seat, the refusal of Donald Trump to accept the results of the November 2020 election made the session a keenly watched, especially after Trump mob disrupted a joint session of the Senate.
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