Nigeria stands the risk of forfeiting a hefty N218.3 billion ($550 million), already recovered from the late military dictator, Sani Abacha’s estate, if a suit filed by an American-based Nigerian Lawyer, against the Nigerian government in a United States federal court, is not quickly resolved, Premium Times has confirmed.
Texas-based Attorney, Godson Nnaka, who was contracted by the Nigerian government in 2004, to help find and recover funds siphoned by Abacha and his associates, has asked the court to appoint him a private Attorney General of the funds, as well as award him 40 percent of the recovered funds.
He claimed he made the request in line with the United States law.
Nnaka, has also accused the Attorney-General of the Federation, AGF, and Minister of Justice, Abubakar Malami, of demanding kickback of as much as 70 percent of his fees, and acting in a vindictive manner, after he turned down his demand.
In a telephone interview with PREMIUM TIMES, Benneth Amadi, Nnaka’s Lawyer, said after it became clear to Malami, that his client was not ready to share his fees with him, he started acting in a “vindictive manner.”
“Malami indeed asked my client for 70 percent of his fees. We would prove it in court. Of course I don’t expect him to admit to you that he did, but we have evidence to prove it in court,” he said.
After the breakdown of the discussion between Nnaka and Malami, the AGF then appointed another Attorney to represent Nigeria in the case.
Documents seen by PREMIUM TIMES show that in May, a Los Angeles based lawyer, Anthony Egbase, notified the U.S. District Court that the Nigerian government had authorized him to appear in court as its Attorney in the case.
Amadi, said by the appointment of Egbase, the AGF may have gotten what he was not able to get from his client, Nnaka. He claimed the new Attorney was yet to file anything in relation to the case, since he was appointed by Malami.
On why his client was asking for a fee as steep as 40 percent of the recovered funds, Amadi said it was the standard practice in the United States.
He however, added that Nnaka was ready to negotiate for a lower fee, if the Federal Government was ready to play ball.
“Here in the US, there is what is called the contingency fee arrangement, that an Attorney and his client may enter into.
That was the agreement he entered into with Nigeria at the time, and the contingency fee is normally 40 percent, though they may negotiate and reach an agreement which may be less than the 40 percent.
“When you are negotiating, someone does not negotiate against themselves. Here you are required to make your offer, but how much has Nigeria offered? They have offered zero, as if the whole thing is a joke.”
When contacted, Malami said Nnaka was “incompetent” and a “fraudster” who couldn’t recover a kobo of the stolen wealth for 14 years.
He said Nnaka was not licensed to practice law in the United States like he claimed.
“If he claimed he has recovered the money, let him show you where the money is? Which Federal Government account was it designated to. As far as I am concerned I know he is not licenced as a Lawyer to practice in the US. So there was a problem of misrepresentation on his part when he approached me. He didn’t disclose that,” Malami said in a telephone interview with PREMIUM TIMES.“He claimed to have been retained by AGF Olujinmi over 14 years ago, and as of this moment he has not succeeded in recovering a kobo for the Federal Government. For 14 years, because he doesn’t have the competence and capacity to make any recovery, he could not recover a kobo.”
He said that the letter of instruction given to Nnaka by Olujinmi, required him to give the government feedback on his progress, after which he would be given further directives on how to proceed, but Mr Nnaka failed to do so, because he had nothing to report.
“And in fact, even the letter of instruction he claimed to have as claimed to have emanated from Olujinmi, it was provisional letter given to him to go and trace the fund and report back to the office of the Attorney-General for proper instruction.“Because of his incompetence, he could not trace any fund, much more come back with a formal letter. So if truly he has been engaged by the office of the Attorney-General and he has recovered the funds, why is he now seeking further instruction.”
He added, that Nnaka threatened to embarrass President Muhammadu Buhari, during one of his official visits to the United States. Malami stated that it was the point he decided to cut further discussions with the US-based Attorney.
“So when I was appointed into office, he approached me for such instruction. But then what annoyed me most was that he now used threat. He threatened me that if I do not give him the letter of instruction, when the President’s flight arrives in New York, he would embarrass the Federal Government. I then became annoyed, because I do not naturally stand to threat. Nobody can intimidate me like a baby for procuring a letter of instruction. And on that basis, I said he should do his worst. That was the genesis of the problem.”
Interestingly, just like Nnaka accused him of working with the Abachas to divert the funds, Mr. Malami too accused him of working for those who do not want the funds repatriated to Nigeria.
“My logical conclusion arising from the way he behaved in court by filing series of applications, so as to stop and frustrate that repatriation of the money to Nigeria, is that he was not working for national interest,” the Justice Minister said.“Perhaps he was working with the people from whom Nigeria is trying to recover the looted money from. Because no Lawyer can pursue a case for 14 years, without making any meaningful progress. The position of things now is he is a clear criminal. He is clearly incompetent. We are not negotiating anything with him at all, if he has a case let him go to court,” he concluded.
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