New York [RR] ABUJA–Further to my preliminary update given earlier today (January 25, 2012), I hereby supply the following details.   We expected a hearing to be held in the case pending against me at the Federal Capital Territory High Court on January 25, 2012. I had made to arrive in Abuja in the night of January 24 to remove every possibility that I could be late or fail to be in court altogether, which would probably lead to the court issuing a bench warrant and giving a basis for EFCC to have its wish of  justifiably keeping me out of circulation. Unfortunately, my meetings with my lawyers in Lagos on Tuesday dragged out and with the ungodly traffic of Lagos, I missed the last flight to Abuja. I had to return to my hotel in Victoria Island, with plans to return to the airport by 5:00am today to catch the first flight, which was around 6:00am.   When I landed in Abuja this morning, just about an hour to the court sitting, I had some bad news: the airport gate was closed to all incoming vehicles because there was some fear that Boko Haram was going to attack the airport. (Can you imagine – landing in Abuja for a case and ending up fearing Boko Haram attack?) My manager, who had come personally to get me from the airport was stuck at the gate to the airport for over an hour. And if I did not get to the court within time, disaster could ensue.

[PHOTO: Emeka Ugwuonye]

I did the next reasonable thing, which was to jump into an airport taxi, since vehicles already in the airport were allowed to leave. We headed straight to court. My lawyer was supposed to be there on time. (The lawyer to appear for me today is based in Abuja. So there was no problem about him getting there on time). Half way to the court, I received a call from my lawyer informing me that the hearing would now be on Thursday, January 26, 2012. So, I asked my driver to take me straight to my hotel.   Faced with several free hours that I had not expected to have, and realizing that I had to change some of my schedules for Thursday, I decided to deliver my letters to the Minister of Justice and the Minister of Foreign Affairs. In my letters, which will be published soon, I made the case that most Nigerians in the Diaspora, particularly those in the Americas, were terribly frustrated by the continued and escalating violence in various parts of Northern Nigeria and the hardship it has imposed on Nigerian peoples both at home and abroad. In a moderated tone or argument, I reasoned that the people are increasingly losing confidence in the ability of the Government to contain this escalation using the same tactics it has used since the past 6 months. I also argued that the Government should be more forthcoming in the way it describes the problem to the people. I argued that the Government must seek help wherever it exists. In particular, I urged the Government to explore more deeply the various ways our Diaspora community could help.  The Diaspora community does not want a civil war in Nigeria. We all know how painful and disruptive such wars could be.

Anyone in doubt should remember the Nigerian civil war or simply ask the Liberians and Sierra Leoneans the painful costs of wars.   I further argued in my letters that if there was to be a civil war in Nigeria as a result of the failure to contain the present crisis, it is inevitable that the Diaspora community, which would be highly polarized at such a time, would get involved in all manner of relief efforts and rescue operations. For one, most of us in the Diaspora would be stretched beyond our limits as we try to move our family members in Nigeria away from a war torn environment. I figured that the Government must engage the Diaspora henceforth in its plans for peace in Nigeria. Also, the ongoing crisis in the Nigerian oil and gas industry and the effort to renew the fight against corruption all call for the active participation of the Diaspora community. I pointed out that the our Diaspora has credible and capable hands who could help the Government and it ought to fully empowered to play active role in all this. Nothing really stops the Government from taking advantage of our Diaspora wealth of human resources and capabilities, especially in light of several missteps by our present leaders.   I subsequently used my time to try to visit some potential clients in EFCC detention cell. Yes, I went to the EFCC headquarters to try to see the inmates. Not surprisingly, they refused to allow me to see anybody. There was some little confusion when the EFCC official saw me in their premises. The junior officials were friendly and courteous. But they gave all manner of excuses why I could not see anyone in detention.

I think that next time I go there, I should have a court order in my hand.   As for the nature of the hearing coming up on January 26, 2012, we are still in preliminary stages of these cases. I believe that the court may make some ruling concerning two issues. First, you may recall that when the EFCC refused to release me in April after the court ordered them to release me, my lawyers filed a Petition for Contempt against Farida Waziri and the Attorney General of the Federation. However, before the court could rule on that application, I was released.  It is very likely that the court would view the matter as one in which it could be said that the defendants have purged themselves of the contempt since I have been released from custody. But I am hoping that the court might still make a finding that their failure to release me when ordered to do so was a contempt. My lawyers had asked the court to commit Mrs. Waziri and the Attorney General to prison until they obeyed the order of the court. Now that I am out already and Mrs. Waziri is no longer there, it is unlikely that the court would send anybody to jail, as the central question is now moot.   The second matter coming up in this hearing is likely to be a ruling on the preliminary objection my lawyers filed immediately they got involved in the case in May of 2011. It is important to explain this. Once my second set of lawyers got involved in my cases, they needed time to try to understand the cases and to prepare to defend them. Because of the long detention, I was released only few days to the date set for trial to begin. While trying to gain time, my lawyers filed a 3-paged document known as Preliminary Objection. In it, they just pointed out that the events for which I was charged in that case all occurred outside the Northern Nigeria and that I could not be tried under the Penal Code of Northern Nigeria, which is the law under which they charged me. This was just a barebones argument. We needed time to assemble all the documents to augment that argument and show the details of the events in question. However, due to the continued harassment of me, my lawyers and I never had the opportunity to build up on this argument. Indeed, as you all know, I was subsequently re-arrested by the EFCC and detained for about two months, which was the crucial period for us to prepare for my cases. 

What the EFCC had done was to get into the ring for a boxing match against me, but they then turned around and tied my hands behind my back and declared the boxing match open. With my hands tied behind my back, all I could do was to dock their punches while I tried to get a few kicks in their groin. But really, I needed to have my hands free to fight better and effectively.   Make no mistake about it: EFCC is a shameless competitor. It likes to fight dirty. As of this moment, its officers are busy, not preparing for how to defeat me in court. Rather, they are just plotting how to tie my hands behind my back again while the match is going on. Tomorrow, we would know what they plan to do about that.   So, there could be two possibilities, if the judge decides to rule on the preliminary application. First, if he agrees with our 3-page paperwork, then the case is out of the window. Alternatively, if the court thinks that we ought to say more and show more in order to carry that argument, he would reject our argument just on the ground of insufficient showing.  In the latter case, a new date would be set for trial. And if I am not detained again, then my lawyers and I would sit down and put in everything we have got to try to kill the case before any trial could occur.   Another development to watch is the case coming up on February 10, 2012. As you may recall, my lawyers had filed an application to enforce my fundamental rights in the Federal High Court in Lagos.

In that application, my lawyers showed in a clear and compelling fashion that the EFCC and the Nigerian Government had acted in ways calculated to endanger my life and we are seeking to enforce, among other rights, my right to life. Also, unknown to many of you, that court had granted a parallel order for my release from custody. Now, the merit trial is set for February 10, 2012. And I would need to be present for that.   As far as logistics is concerned for me, I plan to leave Nigeria next week. After about one week in the US, I would head back to Nigeria in order to attend the trial set for February 10.   If they do not ambush me again tomorrow and I am free, I plan to spend one more day in Abuja to meet with my new clients. I would get back to Lagos and then to Enugu for the weekend where I plan to meet my town people, whom I learned have planed a reception for me with local traditional music and surugede drums. By Monday, I would be back to Lagos to meet my clients and my own lawyers.   Thank you very much, and please pray for me that my enemies would remain confused and scattered when they see me.

God bless.  

Ephraim Emeka Ugwuonye, Esquire

President ECULAW GROUP

Website: www.eculaw.com

Tel: 202-459-3382

Fax: 240-489-9300

_____________________________________________________________

REPUBLICREPORTERS…standing between civilization and anarchy….

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