New York Judge Dismisses Case Against Imo Deputy Governor print

A New York Judge has dismissed the 17-count criminal possession of forged instruments case filed against the current Imo Deputy Governor Jude Agbaso, in December 1994.

Judge David Sullivan of the Nassau County Court granted the dismissal following a plea request made by the prosecutor, the Nassau County Assistant District Attorney Brian Lee and the defence counsel, Mrs. Laura Chukwuma.

The judge, in an order dated August 24, also vacated arrest warrants issued against Jude Agbaso, 53, in connection with the case.

Agbaso then a resident of New York was arrested on June 20, 1994 on a first-degree 17-count indictment for possession of forged 100 dollar bills.

An arrest warrant was later issued for him after he reportedly jumped bail in the case which also involved Eugene Harding.

In granting the plea agreement by the prosecutor and the defence, Judge Sullivan granted Agbaso’s plea of a one-count of a non-criminal violation charge of disorderly conduct under Section 240.20(2).

On Wednesday, Agbaso was represented by his counsel, who agreed to pay a 250 dollars fine for the disorderly conduct.

A copy of the court disposition obtained by the News Agency of Nigeria (NAN), and dated August 24 said: “This order will certify that all seventeen counts obtained with the aforesaid indictment were resolved through a plea to one count of disorderly conduct under count one.”

“Accordingly, all seventeen counts charging the defendant with criminal possession of a forged instrument in the First Degree under IND 90454 dated December 30, 1994 are now dismissed in satisfaction of this plea and any and all bench warrants issued in connection with this matter have been vacated effectively immediately,” Judge Sullivan said.

Speaking to NAN, Chukwuma, who was in court with her client’s elder brother Chief Martin Agbaso, said the judgement meant the “Deputy Governor is free to enter the United States at will.

“He can enter the U.S at his pleasure whenever he wants because he is free to, there is no warrant for his arrest anymore, it’s been thrown out.

“Seventeen charges were filed in this case for criminal possession of forged instruments (forged currency).

“Those 17 first degree felony counts have all been dropped and dismissed entirely by not just the judge but also by the prosecutor.

“His Excellency Jude Agabso never entered any plea for the resolution of any of those seventeen charges because they were thrown out, meaning again that he has been vindicated and his innocence has been established beyond any reasonable doubts.

“There is no felony pending against him right now, he is not a convicted felon, he has never been a convicted felon and he will never be a convicted felon, ” the Agabso’s family lawyer said.

The defence counsel also explained that the plea for disorderly conduct entered by his client under section 240.20 sub section 2 (New York law) “is not a crime, felony or misdemeanour.

“The disorderly conduct that he pleaded for is a mere violation, it’s like a traffic citation; it’s an infraction not a crime.

“At the time he was arrested for the 17-count charge he professed his innocence at the top of his voice, he maintained his innocence and disputed any and all facts that were inconsistent with his innocence.

“Because he was innocent, he knew he had done nothing wrong and he was overtly emotional about it and somewhat loud, so he pleaded to talking too loud in the public at the time of this incident,” she said.

Martin Agbaso, the deputy governors elder brother, described the outcome of the case as “total vindication” for his brother.

“I believe in the American judicial system and this is a clear demonstration that an innocent man, it doesn’t matter how much it takes, will at some point be vindicated.

“I am happy as a member of his family; when all these issues came up he stood as a man and suffered very humiliating write-ups in the papers,’’ the senior Agabso told NAN.

“The whole family dealt with the trauma that came with it but our faith in God remained resolute and we knew that at some point the will of the God of justice will prevail,” he added.

The protracted legal battle for Imo State Governorship seat is gradually coming to an end as Supreme Court Orders the IMO Gladiator back to the Appeal court to begin hearing on the substantive matter.
The supreme court in its ruling on September 29th also called for accelerated hearing on the matter.
It is no longer news that the ruling of the supreme court on that matter on September 29th Sparked street wide jubilation across the street of Owerri, Imo State Capital.

The question on the lips of political observers is Who will finally emerge winner of this much celebrated case?

visit www dot heartlandupdates dot co dot cc for updates on this and other matters

NATIONAL CONCIENCE PARTY
MOTTO: ABOLITION OF POVERTY

Date: 19th September 2008


Governor Ikedi Ohakim
Government House
Owerri
Imo State

The “Chief Servant” of Imo State
Mr. Governor, Sir

DEMAND FOR THE REPUDIATION OF THE PURPORTED EMPANELLING OF TRANSITION COMMITTEES (CHAIRPERSONS AND COUNCILORS) FOR THE 27 LOCAL GOVERNMENT COUNCILS OF IMO STATE AND AN URGENT CALL FOR THE CONDUCT OF LOCAL COUNCIL ELECTIONS INTO THE 27 LOCAL COUNCILS IN IMO STATE.

It has been brought to our notice by the members of the Imo State Chapter of the National Conscience Party (NCP), that in flagrant disregard of express provisions of the 1999 Constitution of the Federal Republic of Nigeria, a contraption tagged “Transition Committees” has been created by your administration to administer over the affairs of the 27 Local Government Councils in Imo State

On Wednesday, the 10th day of September 2008, your goodself ‘inaugurated’ 27 persons as Chairpersons of the Transition Committees, one for each of the 27 Local Government Councils in the State. These 27 persons were selected, in a most undemocratic manner, by so-called ‘elders/political forums’ in Imo State.

Mr. Governor, Sir, on the 29th day of May 2007, during your inauguration as Imo State Governor, you swore to an Oath of Office to promote, protect and uphold the Nigerian Constitution. The said Constitution, under which your goodself derive your authority, clearly provides in its Section 7 that: ‘the system of local government by democratically elected local government councils is under this Constitution guaranteed”.


.






National Headquarters Annex: National Headquarters: Tel: 08023237448, 08053677825
140,New Lagos Road, 1 Yaounde Street , Website: www.nigeriancp.net
Benin City, Berger Bus Stop, E-mail: ncplegal@yahoo.com
Edo State Wuse Zone 6, Federal Capital Territory, Abuja


By no stretch of the imagination can arbitrary appointment of persons, without any recourse to the electorate in a general election, to constitute so-called ‘Transition Committees’ be deemed as ‘democratic’ as envisaged by the said Section 7 of the Nigerian Constitution. It would have likewise been an anathema to the Constitution if a Nigerian President or any authority for that matter had, without recourse to the electorate in Imo State, appointed a person to the office of ‘Transitional Governor of Imo State’.

Well over 15 months into your tenure as Governor of Imo State, your administration has neglected and or omitted to conduct elections into the 27 Local Government Councils in the State, thereby depriving the millions of Nigerians resident in these council areas of fundamental rights of participatory democracy as envisaged by the Nigerian Constitution.

In the course of the said 15 months, billions of Naira has been allocated to the said 27 Local Government Councils as part of their entitlements from the Federation Accounts. The said statutory allocations have not been duly appropriated or utilized as no duly constituted Local Government Councils exist to undertake these constitutional functions.

In your speech at the said inauguration ceremony, Mr. Governor, Sir, you enjoined the so-called ‘Transition Committee’ chairpersons not to embark on any developmental projects in their respective council areas. This is clearly an attempt to retard development in this very important third tier of Government. Imo State deserves and demands developmental projects, new and old, at all times from their Local Government Councils. Transitional Committees are however not the vehicle by which such development can ever occur.

The level of underdevelopment, waste and misadministration foisted on the said 27 Local Government Councils is thus best imagined.

From the foregoing premises, we believe we have made it crystal clear to your Office as to the blatant unconstitutionality and inherent ultra-legality of the purported inauguration of ‘Transition Committees’ to man the affairs of the 27 Local Government Councils in the State.

With the avalanche of trained legal personnel available to your Office, headed by the Imo State Attorney General and Commissioner for Justice, who we are made to understand is a lawyer of the rank of Senior Advocate of Nigeria, we are really perplexed as to why the State should be allowed to descend to such depths of unconstitutionality.

Mindful of the implications of a legal and constitutional challenge of the aforedescribed anomalous situation to the generality of the people of Imo State (in terms of withholding allocations due to such unlawfully constituted Local Government Councils), but buoyed on by the fact that we will be deepening democratic percepts and ultimately benefiting the people of Imo State the more by such challenge, we do hereby give your Office Seven (7) days to rescind, abrogate, nullify and reverse the purported inauguration of Transition Committees for the 27 Local Government Councils of Imo State.

Such that if by the end of business day on Friday the 26th of September 2008 the demand stated in the immediate preceding paragraph is not complied with, we shall be at liberty to take any and all further constitutional and legal avenues to ensure the enforcement of constitutionalism and due process in local government administration in Imo State.

We also demand that democratic general elections into Local Government Councils for the said 27 Local Government Councils be conducted as soon as possible as a matter of extreme emergency, but no latter than the end of October 2008. 16 months of your governance is more than long enough to conceptualize the framework to conduct these elections.

We are of the notion that your Office might mean well for the State and was merely ill advised in your decision to inaugurate the so-called ‘Transition Committees’ and sincerely wish you will seize this opportunity to make amends.

Remain assured of our high regards

Yours truly,

Ezekwesiri Eluchie, Esq.
National Legal Adviser.

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