PRESIDENTIAL PARDONS AND THE FAILURE TO NIGERIA'S JUSTICE SYSTEM

PRESIDENTIAL PARDONS AND THE FAILURE TO NIGERIA'S JUSTICE SYSTEM

I promised to make this article no longer than one thousand words. I will try to play the philosopher and soothsayer in few words. Otherwise, this is an important topic, as it has engaged my mind since the past two years, when I came face-to-face with the worst criminal justice system in the world. I mean the Nigerian criminal justice system.

To profile myself chronologically within this system, I should delineate the three stages in which I have operated within it. The first stage was between the ages of 18 and 23. In this stage, I was a law student at the University of Benin. We studied law under military rule. Decrees and edits ruled the day. There was no constitutional law, as it should be known and taught at law schools. Even our jurisprudence classes then were tilted heavily toward the law of brute force. Hans Kelsen’s Pure Theory of Law, which was noted for its rejection of all moral contents, dominated the keen and impressionable minds of the youthful students of law. Also, the doctrine of necessity and some crude principles of effectiveness prevailed. Necessity, for those who may not know, means some omnibus justification for failure to follow the law of the people. Without a doubt, the doctrine of necessity, particularly the Nigerian brand of it, is a lazy lawyer’s escape from a duty to justify the use of law on moral and value-based grounds. Similarly, the principles of effectiveness was worse, as something akin to no more than a thief telling his victim that he had effectively stolen from him and there was nothing he could about it.

Nigeria’s dictators used these theories to keep themselves in power without losing sleep. Indeed, as the military rulers were really not smart enough to directly advance these theories, they relied on the readily available pseudo-intellectuals in our universities and professional class to peddle such theories. I left University of Benin and the Nigerian Law School thinking that Hans Kelsen must be the most important legal scholar of all times.

The second stage in my encounter with the Nigerian legal system was as a prisoner and suspect and an accused person within the Nigerian legal system. Exactly on December 16, 2010, the Nigerian Ambassador Ade Adefuye, in a well-orchestrated plot to conceal the fact that he embezzled millions of dollars in government money in Washington DC, in which I was one of the few capable of exposing him, wrote an email to an equally corrupt official, Mrs. Farida Waziri. She was then the head of the Economic and Financial Crimes Commission (EFCC), who was eventually removed for her serial involvement in corruption. The two plotted to have me arrested and assassinated in Nigeria. They set me up through the SSS to be abducted at the Nigerian airport. That was the beginning of the drama and absurdities that saw me detained and maltreated for five months. During that period, I observed the Nigerian criminal justice system from yet a different angle. This perspective of the law was just as profound as anything else. It changed me both as a lawyer and as a person. That was when I discovered the need to change this country for good, whatever the cost. I became convinced that Nigeria had since been taken over by very dangerous people at the top. I could see precisely what they plan to do – to destroy this country by looting it bare, and then plunge the impoverished masses into war and massive bloodshed, while they would run away overseas with their families to enjoy the money they have stolen. And when the masses are done with killing themselves, the same people would return to continue ruling whoever survived the bloodshed from where they stopped. The strategy for this system of oppression is rooted in an abusive criminal justice system, whereby they use arbitrary arrests and detentions and perverted and pretentious prosecutions to eliminate opponents, constantly counting on a gullible and ironically self-persecuting mass of the population to succeed in harming the masses further.

Then the third stage in my encounter with the Nigerian criminal justice system is the present stage, where, instead of running as they had expected, I decided to make my stand, fighting not just for myself, but for the masses of this country that have been so terribly abused and endangered.

Of course, my preparation would not be complete without mentioning the years I have spent in America studying and practicing law. It was an import counter-experience to my legal training in Nigeria. For instance, while at Harvard Law School, I realized that Hans Kelsen had applied to teach at Harvard, but was rejected particularly because Harvard did not find his dictatorship-friendly theory of law appealing enough. It was for me an epiphany – that this almighty Kelsen was rejected at Harvard. Systematically, I began to reject and challenge many of the backward notions and ideas Nigeria imparted on me. I began to question many things. I question a system where the people in power could fail so glaringly to care for the people they are supposed to be leading. I question the Oga system that has nearly completely damaged my countrymen and countrywomen, creating an atmosphere where officials refuse to take responsibility for their actions, but rather blame their failures on some Oga at the top. Why are our schools in such shambles? How could our leaders abandon the children of this country in the worst imaginable school system in the world, while they educate their own children overseas? How could they abandon our hospitals to the level of total collapse while they rush to treat themselves and their families in foreign hospitals even for headache and indigestion? How do these Nigerian leaders go to bed and be able to sleep at night, when they know that millions of heir people have no food, no electricity, no clean water and live in squalid and mosquito-infested place?

With the politics of failure and the dysfunctional criminal justice system that midwives that failure, we have faced several abnormalities and outcomes that confound even the most adept manipulator of the system. What we witnessed in the recent pardons granted by the President of Nigeria was an incredible self-destructing maneuver by the President and his advisers. They have dribbled the ball into their own goalpost. The Pardons are a clear admission that the EFCC system is finished and has fully served its usefulness to the decadent machinery that propelled it. About five years ago, the EFCC orchestrated the most elaborate scheme that spanned across continents to get Governor Diepreye Alamieyeseigha to jail. Billions of Naira was spent to jail the man. Helicopter gunships and all manner of military equipment were deployed just to arrest him, and that is without mentioning the shenanigans that led to the first ever attempt to outsource Nigeria’s criminal trial to England. To now hear that the President of Nigeria pardoned the man makes a mockery of everything, while at the same time affirming what we knew for some time now, that most of the system of Nigeria justice is a sham.

As I write this, 48 Nigerian youths, some as young as 20, are on death row in Malaysia. One would expect a clemency-minded President and his advisers to dispatch a diplomatic offensive to get Malaysia to commute those sentences. But no! It is rather the case of Alamieyeseigha, a man who has actually been enjoying life as the best friend and Godfather of the President that would take up the generous dispositions of the President on clemency and pardon.

A NIGERIAN GOVERNOR IS OUT;

Nearly 2 years after elections, a governor of one of the Nigerian states is removed by the judgment of the Court of Appeal. What is the implication of that on Nigeria's democracy and electoral laws? It means in this case that this Governor has been in office unlawfully for two years. What about his actions as a Governor: would they now become illegal? On what legal principles would his past official actions be treated as lawful exercise of the powers of the State? Are the people he hired or the people he promoted now to revert to their previous positions or what? Read the links below and think with me;
http://newsbytesnow.com/2013/02/27/flash-court-of-appeal-sacks-governor-murtala-nyako-of-adamawa/

A NATURALIZED AMERICAN CITIZEN COULD BE STRIPPED OF HIS/HER CITIZENSHIP UNDER CERTAIN CONDITIONS: BE ADVISED

This is our Rule of Law Question for the day. Many foreigners who naturalized as US citizens mistakenly believe that they could never lose their U.S. citizenship. That is not the truth. In fact, a Nigerian man based in Houston just lost his US citizenship and is being deported to Nigeria. I am attaching two links for you. One is a general rule on the loss of US citizenship. The other is the case of the Nigerian man. Please follow the links: http://www.newcitizen.us/losing.html

Summary Profile of: Ephraim Emeka Ugwuonye, Esquire

Ephraim Emeka Ugwuonye (informally or simply known as “Emeka” or “Emmy”) trained as a lawyer; first at the University of Benin Law Faculty, Nigeria, where he received a degree in law (LL.B.), graduating in the top ranks of his class. He further attended the Nigerian Law School, Lagos, where he also obtained a diploma in law (B.L.), graduating also in the top ranks.

He subsequently worked for two oil and gas companies in Nigeria - Texaco (Nigeria) and, later, Chevron (Nigeria) - as counsel in the offices of the General Counsel of the respective entities. It was while working with Chevron that Emeka first encountered from a professional point of view the incidence of indigenous community activism in Nigeria, which ultimately mutated or morphed into the present-day militancy and targeted kidnapping of expatriates for ransom or bargaining chips; and the wider ramifications of justice, equity, due process and development in the oil producing territories in the less developed countries of the world.

After some practical experience as a lawyer in Nigeria, Emeka was accepted at Harvard Law School. He graduated in the LL.M. class of 1994, also earning top ranks in his class. Upon completion of his studies, Emeka was employed at Harvard. He worked as research associate and legal and policy advisor to the Harvard Institute for International Development (HIID). He was, during his time, the youngest member of the Policy and Planning Committee of HIID, the highest policy-making body for that institute. During his tenure at HIID, Emeka researched and taught law and policy studies at Harvard and was listed among top experts on corporate law, finance and governance; and on issues pertaining to multinational corporations and development.

Emeka’s period at Harvard was remarkable for a number of reasons. Major social and economic reforms were sweeping across the entire Eastern Europe, with several emerging countries in that region having recently enacted new corporation laws. At the same time, serious and new questions were being raised about institutional and economic reforms in the continent of Africa. Emeka followed closely in his work and research the market-oriented reform of Russia as well as the political reforms that surround the ending of Apartheid in South Africa. While at Harvard, Emeka played active roles in some of these major reform events in Europe and Africa during that period. In this capacity, Emeka visited and consulted with many countries, directly advising presidents and top officials of governments, mostly on reform projects either sponsored or otherwise endorsed by the United States Government.

Specifically and in respect of Africa, Emeka advised governments and leading economic actors in Zambia, South Africa, Ghana, Kenya, Zimbabwe, and Nigeria on law and economic reform issues of the day such as commercialization and privatization. Also, Emeka spearheaded research projects and studies in various areas of law and policy, including specifically, access to credit and finance in Africa, privatization and restructuring of state-owned enterprises, reforms in corporate law and governance, etc.

Emeka later left Harvard to join the World Bank, in Washington, D.C. in 1997, where he worked as counsel in the office of the General Counsel. There he focused on the operational activities of the Bank in its Europe and Central Asia regional divisions. In addition to the regular operational activities of the World Bank lawyers, Emeka dedicated a significant part of his time to work on special projects such as the Trust Funds activities and Currency Conversion Programs of the Bank and researching, teaching and speaking on legal aspects of anti-corruption reforms in developing countries. Emeka also conducted the pioneering study at the World Bank on strategies and modalities for the World Bank’s private-public sector partnership initiative. This was a multi-country study that involved reviews and revisions of Word Bank policies in key normative and operational areas.

With a combination of experience at Harvard and the World Bank, Emeka was well positioned to launch a career as an international lawyer and strategy consultant. He quickly developed a reputation as a well-grounded international legal scholar and practitioner and as a professional that knows how to get results for clients, even under complex and difficult conditions, utilizing conventional and asymmetrical strategies . As an illustration, Emeka was consulting with the African Development Bank in the country of Ivory Coast, in December of 1999, when that country’s first military coup confronted him with a life and death situation, and ultimately forced that country into a spiral of political turmoil and ethnic hostilities. Over the years, Emeka has returned to Africa with even stronger commitments both as a lawyer and as an entrepreneur.

Emeka has practiced law in several international jurisdictions, including the Supreme Court of the United States, the Supreme Court of Nigeria, the United States Court of International Trade, and several state and federal bars.

Over the years, Emeka’s practice of law has focused mainly on representing African clients in the United States or representing American clients interested in doing business in Africa. Emeka’s strongest strength lies in his ability to execute tasks that involve complex and strategic operations and interdisciplinary approaches. His ability to make critical contacts in a wide range of situations and to assemble a task force of experts on short notices enables him to achieve best results for clients in varying scenarios. Expanding between the traditional African/American axis, Emeka and the team that he leads have long recognized the emerging opportunities of trade and business involving new regions in the near and far East and the Eastern Europe. Emeka if focused in positioning his clients well for these new and expanding opportunities in an increasingly integrating world and converging global best practices.

Among Emeka’s most important clients has been the Government of Nigeria, for which he acted as counsel and advisor for ten years in the United States of America. Matters over which Emeka has rendered services to Nigeria include, but are not limited to: (a) the drafting of the first ever antitrust / competition bill for Nigeria, (b) representing (up to the United States Supreme Court) a former President of Nigeria, at the behest of the Nigerian Government, (c) representing the Nigerian Government in a class action lawsuit before a U.S. federal court, and (d) representing the Government of Nigeria, through its embassy in Washington, D.C., for a period of over seven (8) years on various matters. Emeka is the first to admit also that having governments as clients, particularly a transitioning polity like Nigeria, has had its significant risks such as undue exposure to politically oriented controversies. Yet, each such incident bring with it several teachable moments which has enriched his overall understanding and mastery of the challenges ahead of those who seek to penetrate the African markets.

Emeka’s ability to understand the interface between practical questions and legal problems remains of immense value, as he strives to render quality services to clients across the globe in a complex, dynamic and intensely competitive environment. Similarly, as an avid student of the interplay between world cultures and global market forces, Emeka and his team are ever poised for the requisite sensitivities it takes to thrive amidst uncertainties.

In 2009, there was a breakdown in relations between Emeka and his firm, on the one hand, and the Embassy of Nigeria and the Nigerian Government in Abuja, on the other hand. That controversy escalated to a point where a Nigerian Ambassador to Washington was recalled by Nigeria. The Embassy of Nigeria Washington filed a bar complaint against Emeka in Washington, DC, which was subsequently dismissed in favor of Emeka. In the same year, Emeka filed a defamation lawsuit against an online tabloid, Saharareporters.com, and its owner, Omoleye Sowore, for defamation and conspiracy with Nigerian officials.

Emeka has emerged a vociferous critic of the Nigerian Government, his former clients, and has repeatedly described the regimes as corrupt, inept and dysfunctional. While a civil case was pending in the United States between Nigerian Government and Emeka Ugwuonye, the Nigerian authorities made the dramatic move of abducting Emeka in Nigeria in February of 2011, while he was on a business trip to Nigeria. He was detained in Nigeria for over 150 days in 2011 under questionable jurisdictional circumstances. Emeka has alleged that he was bullied by the Nigerian officials in a blatant act of intimidation and in a bid to silence his growing opposition to Government corruption.

http://www.facebook.com/groups/DPA.Member/

WELCOME TO THE BLOG OF THE DUE PROCESS ADVOCATES (DPA)

I am so happy to welcome you to the Due Process Advocates (DPA), the authentic voice for justice, fairness, equity and right to the pursuit of happiness.

In the wake of the cold-blooded murders of four innocent students of Uniport, the Due Process Advocates formerly “Uniport 4” Organization was established. We shall continue to use what happened in Uniport as opportunity to condemn jungle justice, violent vigilantism, extra-judicial executions, crimes of sexual exploitation against women that go through the criminal justice system.

GROUP RULES:

(1) PERSONAL RESPONSIBILITY: Even though we are all members of this group, each person is solely responsible for his or her own posting and comments. While there is a common group interest in due process of law, there is no group responsibility for comments and postings made by member.

(2) STANDARDS OF CIVILITY: Members shall observe civility in all communications either in general or between members. Disagreements must be done with dignity and respect to those we disagree with.

(3) LAW, JUSTICE AND DUE PROCESS: Members are encouraged to focus their postings on subject maters that concern these core themes. In this group, we shall focus on law, governments and institution as they pertain to law and justice.

(4) FOCUS ON VALUE AND BENEFIT TO MEMBERS: This group aspires to confer tangible benefits to members. We come from diverse backgrounds and age and experience. Many of us could be of help to others and vice versa. We shall simply help and learn from each other wherever possible and reasonable.

(5) THE RIGHT TO POST MESSAGES: All members shall have the right to post messages. But admin group may have to approve a posting. For this purpose, we shall appoint a number of people as administrators.

(6) NEW MEMBERS: We welcome all people without discrimination. And we encourage members to recommend and subscribe those of their friends whom they feel would be suitable members of this group. We only urge that each member should read and be familiar with our RULES and be guided by same.

(7) GLOBAL VALUES AND PERSPECTIVES: Even though our group has predominantly Nigerians as members, the goal of this group is to attract members from all over the world so we would have a truly universal or global community here. The more diverse the membership of the group the greater the opportunity for us to learn from one another and broaden our knowledge of the larger world. This is intended to be a truly quality group of refined people.

(8) GROUP EVENTS: Members shall hold many events - parties, seminars, social activities, etc. - in various parts of the world as the opportunity would exist. The whole idea is to accept our virtual world as a viable social medium for interaction in various forms.

Emeka Ugwuonye, Esquire
ECULAW GROUP
Group Founder and Principal Administrator