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$550m Abacha Loot: US Court Clears Way For Repatriation
A United States District Court, at the weekend, 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 purported legal fees put at $320 million by the Federal 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 US-based Nigerian lawyer, Godson Nnaka, had laid claim to the fact that the Federal Government must pay him $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 that 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 the Federal Government.
The Federal Government, 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.”
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.
Bates said in his ruling 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 US judge ruled, paving the way for Nigeria to draw down its huge cash.
It will be recalled that Attorney General and Minister of Justice, Abubakar Malami, who was in the US for the judgment, had recently raised the alarm that Nnaka was merely trying to delay the return of the Abacha loot by the US, by making a frivolous claim that Nigeria must pay him 40 per cent of the Abacha loot.
Nnaka had also claimed that Malami was working against him after he had refused to relinquish “70 per cent” of his 40 per cent to the minister.
While 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 to newsmen earlier, described Nnaka as a man trying to reap from where he did not sow.
The minister said the Federal 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 per cent 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 US to Nigeria.
Upon persistent inquiry, Malami told newsmen at the venue of the hearing in the US 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.
News
Rivers NIPR Gets New Executive

The Nigerian Institute of Public Relations (NIPR), Rivers State Chapter, has inaugurated a new Executive Council to pilot the affairs of the institute for the next two years.
The new Executive Council was elected during the maiden edition of the Rivers Public Relations Week and Annual General meeting held last Friday, in Port Harcourt.
The re-election marked a historic moment as members of the chapter converged to chart a new course for professional excellence, ethical standards, and the advancement of public relations practice in the State.
This was contained in a statement signed by the Public Relations Officer of the institute, Ayodeji Emmanuel Afelumo, at the weekend.
The Registrar and Secretary to the NIPR Governing Council, Chief Uzoma Onyegbadue, who swore in the officers charged them to redouble their efforts in upholding professional integrity and excellence in public relations practices.
The officers re-elected for the second term include Rev. Francis Asuk as chairman, Dr. Parry Saroh Benson (Vice Chairman), Mr. Felix Tamuno (Secretary), Alhaja Ayo Odungweru (Treasurer), and Edna Alete as Financial Secretary.
Those with fresh tenure are Dr. Helen Chimezie who was elected as the Assistant Secretary, Mr. Ayodeji Emmanuel Afelumo (Public Relations Officer), and Mrs. Ngowari Oba as Welfare Officer, following the tenure expiration of the former officers.
In his acceptance remarks, Rev. Asuk expressed gratitude to members for their confidence and pledged to uphold the ideals of the institute, promote professional development, and foster partnerships that would further enhance the visibility of public relations in Rivers State and beyond.
The Rivers Public Relations Week is the first of its kind organised by a State chapter of the institute and it provided a platform for practitioners, scholars, and stakeholders to engage in knowledge-sharing, networking, and discussions on the evolving role of public relations in governance, business, and society.
The statement added that the Rivers State Chapter of the NIPR looks forward to a new era of purposeful leadership, innovation, and impact under the stewardship of its newly inaugurated executive council.
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Falana Gives Ken Saro-Wiwa, Others Clean Bill Of Health …As Activist Decries Marginalisation Of Ogoni People p6 lead

Human rights lawyer, Femi Falana(SAN) has apparently exonerated the slain writer and environmental rights activist, Mr Ken Saro-Wiwa and his eight Ogoni kinsmen of the murder charge which led to their execution by hanging by the Gen Sani Abacha military junta on November 10, 1995.
This is even as a human rights activist, Evangelist Caroline Nagbo, has decried the spate of marginalisation against Ogoni people in Nigeria and Rivers State, saying, in spite of the struggles, sacrifices and contributions of the Ogoni people, they have continued to be marginalised, particularly in politics.
Falana, who bared his mind in a keynote address during the 30th Anniversary of the Ken Saro-Wiwa Memorial Lecture at Hotel Presidential, Port Harcourt on Friday, said the Ogoni nine never committed the crime for which they were hanged by the Federal Government.
On her part, Nagbo noted in a goodwill message at the event that despite the Ogoni people’s contributions, struggles and sacrifices, they continue to face exclusion and intimidation.
She decried a situation where people who hated Ken Saro-Wiwa during his lifetime, equally hate Ogoni people, because they consider them as very intelligent, stressing that instead of giving them political power, stooges are rather favoured.
According to her, Ogoni people must continue to speak out and agitate for their rights.
Nagbo further noted that the name of Ken Saro-Wiwa always evokes environment, minority and politics, emphasising that the legacies of the late environmental rights activist have continued to inspire and motivate the Ogoni people, and highlighted the significance of his birthday, which coincides with the Ogoni struggle for self-determination, environmental justice, and human rights.
She said the Federal Government’s treatment of Ken Saro-Wiwa’s memory and the Ogoni people is a reflection of the country’s flawed political system, and criticised politicians for their absence at events commemorating Ken Saro-Wiwa’s birthday and even illegal execution, attributing it to the marginalisation and intimidation faced by the Ogoni people.
“If you identify with Ken Saro-Wiwa and the Ogoni struggle, you are the enemy of the state, and that is marginalisation and intimidation,” she said.
Nagbo further lamented that despite the Ogoni people’s contributions to the country’s struggle for democracy, they are yet to be adequately rewarded.
“Politically, up till now, an Ogoni individual has never been a Governor, and they are not ready to give it to us, even in the next 30 years.The same thing they did to Ken Saro-Wiwa is the same thing they are doing to the Ogoni sons and daughters. They are manipulating it,” she said.
Nagbo praised the consistency of fiery human rights lawyer, Femi Falana(SAN), in championing the cause of the Ogoni people, saying, even Ken Saro-Wiwa was known for his consistency.
The keynote speaker, Mr Femi Falana actually chronicled the circumstances surrounding the hanging of Ken Saro-Wiwa and eight of his kinsmen on November 10, 1995, saying, they never committed the offence for which they were executed, and,therefore, deserve not only the recent pardon granted to them by the Federal Government but also exoneration and apology from the government.
Falana accused the state and Shell of masterminding the murder of four Ogoni sons, with the intent of roping in Ken Saro-Wiwa and the other Ogoni activists, saying, the execution of the Ogoni activists was premeditated.
According to him, when it was clear that the then Abacha military junta had already made up its mind to kill Ken Saro-Wiwa and others, the legal team defending them had no option than to withdraw from the trial in order not to give it legitimacy.
The human rights lawyer said the Ogoni people must be united today more than ever before to fight for their rights, stressing that the move for resumption of oil production in Ogoniland can only be justified when the ongoing cleanup of Ogoniland has attained an appreciable level.
He also applauded the siting of the Federal University of Environment and Technology in Ogoniland, but insisted that the university must employ Ogoni people to justify its establishment.
Falana said the time has come for the people of the Niger Delta region to demand accountability from the political class at all levels of governance in the region, saying, they are constitutionally empowered to find out how the 13 percent derivation funds and other funds are utilised.
According to him, the three percent fund stipulated and specified in the Petroleum Industry Act(PIA) is supposed to go directly to oil and gas bearing communities in the Niger Delta.
He also sympathised with Umuechem people for what befell them during the military regime, and decried a situation where oil companies failed in providing social amenities to the people, in spite of benefiting from the oil and gas deposits in their land.
He promised to set up a think tank of lawyers to advocate and ensure that oil and gas host communities in the country, particularly in the Niger Delta are provided social amenities.
Also, human rights and environment campaigner and one of the organisers of the event, Mr Celestine Akpobari thanked Femi Falana, Dr Nimo Bassey and other dignitaries and participants for gracing the event, which he described as the celebration of Ken Saro-Wiwa’s legacies.
He said the rush for the resumption of oil exploration in Ogoniland does not make any economic sense, and likened it to mopping the floor while the taps are open.
At the event, the panel of discussants consisted of Prof KialeeNyiayana of the University of Port Harcourt; Prof Lucky Akaruese of the University of Port Harcourt; Eze(Prof) Christian Akani of the Ignatius Ajuru University of Education; and Leader of Ogoni People’s Assembly, Rev Probel Williams, while the moderator was Dr EmemOkon.
The discussants gave a good account of themselves, as they did not only dissect the keynote address presented by Femi Falana, giving more insights into it, but also did justice to the questions posed to them by the moderator, bordering on Ken Saro-Wiwa and his legacies, among other issues.
By: Donatus
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