Blame Nigeria’s Attorney General, not me, lawyer whose suit delays return of $550 million Abacha loot says

September 9, 2016 Nicholas Ibekwe

Godson Nnaka, the United States-based attorney involved in the controversy over the repatriation of $550 million Abacha loot, has absolved himself of responsibility in the delay of the funds being returned to Nigeria.

Mr. Nnaka was recruited in 2004 by the Nigerian government to recover funds stolen by late dictator Sani Abacha. He had instituted a case in a U.S. district court seeking 40 per cent of the recovered loot. He also asked to be made the funds’ exclusive attorney.
He was kicked out of the fund recovery case after he had spent money and time to find and recover the funds.

He also alleged that Nigeria’s Attorney General, Abubakar Malami, jilted him after he turned down his demand to part with a kickback of as much as 70 per cent of his fee in order to access documentations needed for him to act on behalf of the country.
He also threatened to sue the minister for defamation if he did not desist from making false claims about him. He had given Mr Malami 48 hours to publish an apology in PREMIUM TIMES and or be prepared to be slammed with a defamation charge.

However, a statement by Mr. Malami on Monday explained that according to the U.S. law, when stolen funds are discovered, the U.S. Department of Justice would first approach a court for the forfeiture of the funds to the U.S. government. If the court ruled in favour of the DOJ, the U.S. government, at the end of the process, would repatriate the money to the country from which the funds were stolen.
The AGF then claimed that Mr Nnaka’s suit demanding to be paid for representing Nigeria was the only thing standing in the way of the recovered loot being repatriated to the country.

Mr. Nnaka, in a statement released by his lawyer, Bennett Amadi, on Wednesday, replied that it was Mr Malami’s “corruption” and “greed” which was preventing the repatriation of the funds. He said all he was asking was to be paid for the services he rendered to Nigeria.

“Let it be noted that Nnaka is neither delaying the return of the Abacha loot to Nigeria nor attempting to extort anything from Nigeria. Rather, it is “corruption” and the selfishness and greed of Abubakar Malami that is centrally delaying the quick and safe return of the funds to Nigeria and to Nigerians. As it is commonsensical that every labourer is entitled to his wages, Nnaka is only asking to be paid for his services that he responsibly rendered and benefitted Nigeria with, and the cost and expenses incurred over several years pursuant to his agreement with the Federal Republic of Nigeria regarding the aforesaid loots.”

The statement claimed that since 2013, Mr. Nnaka had reached out to the Nigeria government on several occasions to ensure the funds are speedily returned to the country but he has repeatedly confronted a stonewall.
“However, it is the selfish, rapacity, bad faith, corruption and arrogance of the Nigerian Government officials, Abubakar Malami inclusive, that has forced Nnaka to recently approach the court in the United States to obtain justice. To be precise, when in April 2014, Nnaka and his team filed for the intervention and claim on behalf of Nigeria seeking for the prompt and safe repatriation of the loots to Nigeria to brief the then Attorney-general, Mr Adoke, and other government officials.

But for their deliberate inaction and corruption, the issue would have since been resolved. Following the election of President Muhammadu Buhari in May of 2015, Nnaka, in August of 2015 wrote to President Buhari seeking his intervention to ensure the prompt resolution of this matter. Nnaka also sought the assistance of well-placed Nigerians and even Senators to ensure the return of these Abacha loots back to Nigeria. All his efforts met brick-walls.”

The statement added that Mr. Nnaka’s representatives wrote to Mr. Malami on two occasions – November 17, 2015 and in February 2016 – asking him for an amicable settlement to his claim. He said Mr. Malami fixed a meeting with his representatives in Washington DC in April 2016, but when it became obvious that he was not going to dance to the AGF’s alleged demand for kickback, Mr. Malami cancelled the meeting and appointed a new lawyer for the case.

“Mr. Malami handed over the matter to a new lawyer who knew nothing about the case, for obvious selfish reasons. Faced with such arrogance, greed and selfishness, Nnaka perfected his appeal and petitioned the court for justice. So where in the world is Nnaka responsible for the delay in the return of the loots? Why can’t Nigerians be told the truth? What exactly does Mr Abubakar Malami intend to achieve in his present name-calling and image laundering antics? Does it bother him at all that Nigerian are wiser and more intelligent than he believes or thinks that they are?,” he asked.

“If Mr. Malami is sincere about the immediate and safe return of the present loots to Nigeria and to Nigerians, he knows exactly what to do instead of jumping from one newspaper house to another, Attorney General Malami and/or his attorneys for Nigeria are welcome to contact this office so that we may reasonably exchange ideas for the quick and immediate resolution of the issue in this matter and for quick return of these funds to Nigeria and Nigerians.

Mr. Malami and his lawyers know the telephone numbers and emails of this office. As always, our office is open to Mr. Malami and his lawyers for the sincere discussion and resolution of this matter. The present situation in Nigeria earnestly affirms that this matter should be sensibly looked into and resolved now so that these looted funds should go back to Nigeria without any further delay, and Nigeria can expand efforts to recover additional ones estimated at $20 billion in the next eighteen months.

“If the government of Nigeria fails to take advantage of this window, then Mr. Abubakar Malami should stop deceiving Nigerians with self-serving propaganda and tired image laundering antics, shut up and allow the United States Court to speak on this matter and render justice as it deems fit and proper. The matter is currently in court. Attorney General Malami should understand that civil litigation is not conducted on the pages of newspapers,” he added.

http://www.premiumtimesng.com/news/top-news/210143-blame-nigerias-attorney-general-not-lawyer-whose-suit-delays-return-550-million-abacha-loot-says.html

This is getting more interesting. This guy may actually win this case in the US, if the Nigerian govt indeed signed contract papers with him. Chai! Thats some serious cash.

He may in turn also have to pay 40% to the lawyer that assists him with the case

***
Additional information recovered from Vanguard

http://www.vanguardngr.com/2016/09/edodecides-nigerians-react-debate-obaseki-ize-iyamu-2-gov-candidates/


$458m Abacha loot: AGF denies demanding kickback from US-based attorney


ABUJA — The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, has denied allegation that he demanded kickback from United States-based attorney, Mr. Godson Nnaka, who is laying claim to 40 per cent of $458 million loot the US government seized from late military dictator, General Sani Abacha.

Malami said the only communication his office had with Nnaka or his counsel was “only out of professional courtesy.” Abubakar Malami (SAN) According to him, “allegations of a kickback demand are untrue and simply reek of desperation.” The AGF, in a statement made available to Vanguard, yesterday, said there was need for him to address specific misconceptions about the role he had played so far towards securing the return of the Abacha loot from the US. The AGF maintained that the stolen funds, which were frozen in various jurisdictions in the US, would have been returned to Nigeria since, if not for an appeal filed by Nnaka, wherein he is claiming 40 per cent of the forfeited loot as part of his legal fees.

Nnaka holding Nigeria to ransom
Malami, who accused Nnaka of “holding Nigerian people to ransom and unnecessarily depriving them of the forfeited funds,” said he had already engaged a lawyer to challenge the competence of the appeal. He further challenged the US-based attorney to adduce evidence that he (Malami) requested for a kickback from him. Giving his side of the story, the AGF said: “In 2013, as part of its Kleptocracy Asset Recovery Initiative, the USDOJ commenced a forfeiture proceeding to confiscate approximately $550 million that had been corruptly obtained by late General Abacha and his associates (the ‘Abacha Case’).

“A portion of the Abacha loot, valued at $458 million, has now been forfeited to the United States. On December 17, 2015, the United States District Court for the District of Columbia entered final judgment forfeiting certain Abacha assets valued at $458 million. “The forfeiture proceeding as to those assets is, therefore, concluded and the forfeited assets are ripe for repatriation to the innocent victim – Nigeria.

“However, Godson Nnaka has filed an appeal against the judgment of forfeiture, falsely claiming to be entitled to a portion of the assets as compensation for legal services allegedly rendered to Nigeria. “The USDOJ has represented to us that the appeal is the only issue delaying repatriation of the forfeited assets to Nigeria. “They have explained that the forfeited assets are not located in the United States and that only upon disposition of the appeal would the United States then have a final judgment upon which it can seek the retrieval of the forfeited assets which are frozen in multiple foreign jurisdictions and return same to Nigeria.

“The forfeiture of the remaining $100 million in assets is still pending.

The forfeiture of these assets is being contested by certain individuals, who are related to Atiku Bagudu (General Abacha’s associate) and who claim that these assets are the subject matter of a private family trust. In this regard, we are co-operating with the USDOJ by providing them with the documents, information, witnesses and other evidence required to secure expeditious forfeiture of this portion of the Abacha loot.”

“Nnaka claimed to have been retained by former Attorney General Olujimi sometime in 2004, however, the purported letter of instruction from Olujimi states that it is predicated on Nnaka’s representation that there are looted funds in United States banks.” “However, the records the Abacha case indicate that the USDOJ, initiated the Abacha matter based on United States Civil Asset Forfeiture statutes and that the funds in question are not located in the United States but are in multiple foreign jurisdictions. “Even assuming Nnaka did have a proper letter of instruction from Olujimi, Nnaka never brought any action in the US to recover the monies but claims to have been travelling around to meet with the Abacha family and others for discussions.

As stated above. The USDOJ filed its forfeiture action against the Abacha loot in 2013, some 11 odd years after Nnaka claims he was hired. “In spite of the above, Nnaka never stopped trying to defraud the Federal Government of Nigeria or to extort settlement from the Federal Government of Nigeria.

“In 2016, he hired a lawyer to file an appeal in both his name and the name of the Nigeria against the Court’s order striking his filings and dismissing his claim. “Nnaka would have needed a separate retainer agreement to act on behalf of Nigeria in any asset recovery litigation. “Put differently, Nnaka did nothing to identify, trace and recover the Abacha loot.

Even if he did identify assets, he did not actually recover anything on Nigeria’s behalf. All the asset forfeiture litigation was handled by the USDOJ without Nnaka’s participation or assistance. “Instead, Nnaka has at each point attempted to intervene and shore up his baseless claim to a 40% fee for doing absolutely nothing. Such conduct is corrupt and seeks to deprive Nigeria of its rightful funds.

“The office of the AG never negotiated any terms with Nnaka or his counsel. The only communication with Nnaka was only out of professional courtesy. He was advised to follow due process in requesting instructions as outside counsel retained by Nigeria in this case did. He was advised to submit his proposal to President Advisory committee on corruption, the office of the Solicitor General, the Department of State Security and based on evaluation and recommendation from the above bodies, the Office of the Attorney General would consider his request.

“Nnaka’s allegations of a kickback demand are untrue and simply reek of desperation. “We should remember that the person making these accusations was disbarred by at least two bar associations in the United States and one occasion instructed clients to lie on his behalf to the Court! We challenge Nnaka to prove his allegations!”, Malami added.

Read more at: http://www.vanguardngr.com/2016/09/edodecides-nigerians-react-debate-obaseki-ize-iyamu-2-gov-candidates/

40% chaiiii what's the difference between you and the looter?

40% WHATS

This guy is a bastard. did he say 40% or 4%? It is better for the money to idle away than to give in to the legal thief.


Money wey Abacha "suffer" thief Na this man wan take 40%. Ole

Chaiii

See money oooo

I trust this igbo man... Nigeria must pay him for his services.... After all the dull man is being paid for being dull... Same with his senile myriad of incompetent ministers.

Show no mercy to the Nigerian govt... Thank goodness the case is in America where things work... I prefer the American government takes the entire money than for the sillllly mundane overtly incompetent Nigerian govt headed by the mega inborn factory fitted colossal dull man to deny this igboman of his rightful 40%

But where is Andoakaa sef?

Was he not the one that employed this guy

But let him manage 0.04%, devaluation has helped

40% abeg fly jhoor

wheredemdey:
Chaiii

See money oooo

I trust this igbo man... Nigeria must pay him for his services.... After all the dull man is being paid for being dull... Same with his senile myriad of incompetent ministers.

Show no mercy to the Nigerian govt... Thank goodness the case is in America where things work... I prefer the American government takes the entire money than for the sillllly mundane overtly incompetent Nigerian govt headed by the mega inborn factory fitted colossal dull man to deny this igboman of his rightful 40%

Take it easy oh, hate is making you lose your sense of good reasoning. So you prefer the American govt to confiscate money belonging to Nigeria in such a time where the country needs all the foreign exchange they can lay their hand on?

Where is your sense of patriotism. It's your kind that will still go about screaming that things are hard, whereas it's your wish day and night for the govt to fail.

And when American govt confiscate the money, will your Igboman get a dime?

Smh, indeed, it is the one that hates that suffers eventually.

40 what?!!!!


Malami though . . .

40% is too much na. That's $220 million USD for just one man. Chai.....****

So this guy is basically asking to be paid $220 million!

No wonder we are where we are. This man is just too greedy, unpatriotic and unreasonable.

And I read that Malami is equally asking to be paid (though he denied the allegation but ....). If true, when will all this nonsense stop?

This man is truly a Nigerian, he should have ask for 99% of the loot so we know the money has been relooted by another greedy Nigerian.

40% fee is standard in the US for recovery from insurance companies and in personal injury cases. Many lawyers in the US have become ambulance chasers because of the said 40% fee.

This lawyer may have conned Nigerian officials into signing a contract which favors the lawyer. The Nigerian government needs to hire very high powered attorneys to find a hole in the contract. Holes can always be found.

TonyeBarcanista:
This guy is a bastard. did he say 40% or 4%? It is better for the money to idle away than to give in to the legal thief.


Money wey Abacha "suffer" thief Na this man wan take 40%. Ole

If only you spend time understanding how the judicial system works in the US instead of being on Nairaland looking for NEW PDP to join then you ll understand how this works

Nwane biko collect ya money biko

nduchucks:
40% fee is standard in the US for recovery from insurance companies and in personal injury cases. Many lawyers in the US have become ambulance chasers because of the said 40% fee.

This lawyer may have conned Nigerian officials into signing a contract which favors the lawyer. The Nigerian government needs to hire very high powered attorneys to find a hole in the contract. Holes can always be found.

Are you a legal practitioner ? How and when the hell did 40% become the "standard fee" to an attorney ? Personal Injury cases, like you rightly said, are mostly litigated by Ambulance Chasers (the equivalent of your "charge &bail lawyers, I think theyre called) and they usually deal with the down trodden, poor and uneducated; this is not the case here.

A hole need not be found. This man is a known crook, and if the contract (as I assume) was drawn with deceit as its intention, the fine prints don't matter. No way in hell is this crook that calls himself a Lawyer is getting that much as a fee. In fact, I think whoever Nigeria hires to defend their position in court should not stop at just battering him, they should also report him to the disciplinary board.

I despise selfish people.

lovat:
If only you spend time understanding how the judicial system works in the US instead of being on Nairaland looking for NEW PDP to join then you ll understand how this works

Pls stop wasting you data on that lost soul... The guy is one village champion for the uneducated and grossly illiterate people... He is here basking in the euphoria of a star not knowing that he is the dreg of the society... He doesn't know Jack... Have not left the shores of his village.... Pls pay the Arrow no heed.

agabusta:

Take it easy oh, hate is making you lose your sense of good reasoning. So you prefer the American govt to confiscate money belonging to Nigeria in such a time where the country needs all the foreign exchange they can lay their hand on?
Where is your sense of patriotism. It's your kind that will still go about screaming that things are hard, whereas it's your wish day and night for the govt to fail.
And when American govt confiscate the money, will your Igboman get a dime?
Smh, indeed, it is the one that hates that suffers eventually.

Yes..... I am among the 5% and trust me, I careless.... After all the money will surely be relooted by Nigerian govt officials.... The same govt officials that looted bailout funds.... See this country is a mess... A worker deserves his wage and the lawyer deserves his wage.. After all he was the one that discovered the funds... Traced and recovered it..... Yet you are here yarning dust.

May someone take away your sweat and hardwork at the verge of your glory.... Amen....

Azu Amu like you

Which stupid government official signed the agreement to give the lawyer 40
% of the money?

So the lawyer would get 220 million dollars while the whole of Nigerians would get 330 million dollars.

agabusta:



Take it easy oh, hate is making you lose your sense of good reasoning. So you prefer the American govt to confiscate money belonging to Nigeria in such a time where the country needs all the foreign exchange they can lay their hand on?

Where is your sense of patriotism. It's your kind that will still go about screaming that things are hard, whereas it's your wish day and night for the govt to fail.

And when American govt confiscate the money, will your Igboman get a dime?

Smh, indeed, it is the one that hates that suffers eventually.

The way some of them reason surprise even the devil. See him screaming Ibo man everywhere. They support NDA to bomb pipelines and still complain of hunger. Hypocrites everywhere.

BALTIMORE SUN

Candidate's bid knows no borders

City lawyer faces hurdles in Nigeria presidential run

August 21, 2006|By JULIE BYKOWICZ | JULIE BYKOWICZ,SUN REPORTER


Those of a political bent would probably acknowledge that Godson M. Nnaka has a few stumbling blocks to overcome in his campaign to become the next president of Nigeria.

No. 1: He lives in the Baltimore area and has for the past 20 years.

No. 2: As an attorney, he has a few blemishes on his professional record. Several times, judges have found his work sloppy.

No. 3: He was arrested last month and charged with sexual solicitation of a minor, allegedly offering a client a discount in return for sexual favors.




Needless to say, these are not talking points that find their way onto Nnaka's campaign Web site. Instead, he is described there as "an international super-figure who has gained the admiration of friendly countries."

The current president of Nigeria, Olusegun Obasanjo, is due to leave office next spring. There is no apparent successor, and Nigerians fear a political breakdown in their nation - Africa's most populous and one of the world's most corrupt.

"Many people are genuinely worried about the quality of the presidential aspirants," columnist Ujudud Shariff wrote this month in an Abuja, Nigeria, newspaper.

A short, meticulously dressed lawyer, Nnaka hustled into the Eastside District Courthouse on Tuesday for a preliminary hearing in his sexual solicitation case. His trial has been set for Sept. 28. Nnaka is pleading not guilty.

Nnaka declined to be interviewed for this article. One of his lawyers, Jerry Tarud, who works down the hall from Nnaka, says he is "a person beyond reproach."

"He's professional at all times, and he has a high level of integrity," Tarud says. "He has excellent moral character."

At 43, Nnaka has been a member of the Maryland bar since 1995. He handles mostly civil litigation and divorce cases, court records show. He and his wife divorced in 1987, and he lives in an apartment in Cockeysville. He owns three city houses.

Web sites for his presidential campaign and his law firm tend toward the verbose.

An excerpt from one of his opening statements, as posted on his firm Web site, says: "I will tell you the truth. I realize when we say the truth, we are rejected; when we say the truth, we are punished; when we say the truth, we are banished ... ."

Nnaka announced his presidential run this summer on a Web site, nnakafornigeria.org. It says "his formal entry to the presidential race has long been a subject of intense speculation."

Although the presidential election is expected to take place in April, the country's electoral commission has yet to set a date.

Candidates become official if they are nominated by one of the country's 41 political parties about six months before the election, says Mobolaji E. Alukoz, a Howard University chemical engineering professor. Aluko is president of the Nigerian Democratic Movement, a pro-democracy Washington-based organization founded in 1993.

"A lot of people want to be president of Nigeria," says Aluko, who thinks there could be 100 or more presidential hopefuls out there.

Aluko says he's aware of Nnaka's campaign. He laughs. "Anybody who wants to run and has money will probably be able to be nominated by a party," he says.



He says of Nnaka, whom he knows casually, "He seems to be successful and well-spoken, but he's just too sudden."

Like Aluko, Nnaka has remained active in his native country's affairs from afar.

Public records show Nnaka has chartered several organizations: the African American Foundation, the Nigeria Policy Group and Pro-Health International. All are based in Baltimore.

Nnaka was among the Nigerian expatriates who sent a letter in the spring urging the current president not to extend his term.

On his campaign Web site, Nnaka sets goals for his presidency that are as great as they are for himself. The mission: "To build and maintain the greatest, most successful and prosperous black nation on earth."

"Who is Dr. Nnaka?" reads one of the pages on the Web site. Some of the answers are revealed, but far from all. For instance, what is he a doctor of?

The Web site says Nnaka began his American career in business, working as a manager at Maryland National Bank, now a part of Bank of America. He became a vice president at Sygnort Corp., "a diversified international corporation," the Web site says. Documents suggest Sygnort was a cosmetics company.

Public records show that Sygnort was registered in Maryland in 1989, but by 1994 it was listed as forfeited. In 1998, a Dallas judge ruled that Nnaka had defrauded fellow Nigerian Obinna Duruji by persuading him to invest $10,000 in Sygnort. After mediation, Nnaka agreed to pay $7,500, which he did this May, Duruji says.

Nnaka's Web site does not say where or when he went to law school, but it does note he completed a graduate diploma program in international and comparative law at Oxford University under the sponsorship of the University of San Diego School of Law.

http://articles.baltimoresun.com/2006-08-21/news/0608210070_1_nigeria-nnaka-sexual-solicitation

Look at how the chest beating-40% seeking-sexual deviant described himself:

"...an international super-figure who has gained the admiration of friendly countries."

More on this weird man:



Candidate's bid knows no borders

City lawyer faces hurdles in Nigeria presidential run

August 21, 2006|By JULIE BYKOWICZ | JULIE BYKOWICZ,SUN REPORTER

With one exception, Nnaka's cases over the years have not attracted general public attention. He made a brief cameo in the public eye in 1999, when he represented G. Samson Ugorji, the first appraiser charged in the city's property flipping scandal.

Ugorji was convicted of fraudulently inflating appraisals for properties that were bought cheaply, renovated lightly and resold quickly for huge profits.

Over the years, Nnaka's legal skills have been questioned by some judges and attorneys. The Maryland Attorney Grievance Commission has no record of sanctions against Nnaka.




A federal district judge warned Nnaka of the "necessity of advanced and thorough case preparation" in a January 1999 written opinion in one of his cases.

In March 2005, a panel of Maryland appeals judges called Nnaka's legal arguments in one case "hopelessly intertwined and lacking in clarity."

Nnaka's legal experience extends beyond his role as a lawyer. He has been a defendant a dozen times and a plaintiff a dozen more in contract disputes and other civil cases - including three with his own employees.

In 2000, Clothilda Harvey alleged that she'd quit because Nnaka had asked her to falsify billable hours. Nnaka shot back in a counterclaim that Harvey was the one swindling clients.

When confronted with the dueling lawsuits, Baltimore Circuit Judge Clifton J. Gordy scribbled in his notes: "The whole mess should be dismissed."

The judge ruled in Harvey's favor, awarding her court costs.


Now Nnaka is accused of a far more serious matter. Court documents state that he propositioned a 16-year-old girl for sex inside his downtown law firm.

According to Baltimore police charging documents, Nnaka met the teenager on a Friday while dining at Uncle Lee's Szechuan Restaurant, near the law office. He gave her his business card.

The next evening, July 15, the documents state, the woman and two friends, also teenage girls, went to Nnaka's Redwood Street office to discuss hiring him.

Nnaka told the alleged victim he would discount his fee if she allowed him to touch her, the documents state. She consulted with her friends and agreed.

Then he took off his pants and offered her $50 for sex. She "began to freak out" and refused, but he kept pursuing her, the documents state.

Police said one of the friends managed to snap a few photos with a disposable camera before using a pair of scissors to fend off Nnaka. The girls left the office and flagged down a police officer.

They gave the camera to the police, said Officer Troy Harris, a spokesman for the Baltimore Police Department.

Nnaka's attorney, Timothy M. Dixon, says his client was the victim.

Dixon says the teens tried to charge Nnaka for sex. When he refused, Dixon says, they snapped photos to extort money from him and then became violent - chasing him with a pair of scissors.

If Aluko of Nigerian Democratic Movement is any gauge, the charges won't help Nnaka's political career. "If you have judgments against you," he says, "that creates a moral burden."

julie.bykowicz@baltsun.com


http://articles.baltimoresun.com/2006-08-21/news/0608210070_1_nigeria-nnaka-sexual-solicitation/2

Only in a place like Nigeria will this clown be taken serious. The Nigerian Government should hire a team that'll end his career once and for all.

P.S: I know--- like we all do--- that Nigeria always makes the silliest and childish of mistakes, but how on earth did this loony even get close to such a serious and complex case that demands the highest of Professionalism.? Except, maybe, there are/were former high ranking Nigerian Government officials he's (was) linked to and they were all planning on divying up the money all along, but since they are no longer in charge...

He's the most greedy lawyer alive.

And we were told by so called mr integrity that Abacha did not loot

ok

Reloot the loot

international thief thief (in fela's voice)

And somebody said Abacha never stole.