Tuesday, August 10, 2010

USA Africa Dialogue Series - STAR LETTER AND FROM THE ARCHIVES: From Ambassador Obiozor to Emeka Ugwuonye (on August 30, 2008) Re IRS Refund to the Nigerian Embassy

 
 
_________________
 
 
 
August 10, 2010
 
 
Dear all:
 
 
Despite all the noise lately, this whole matter is rather simple as laid out below by Ambassador Obiozor's letter to Emeka Ugwuonye which has just come to hand.  But kindly note:
 
 
1.  Nobody, particularly a lawyer acting pro se,  should  ever seek to intimidate me - or deploy others to blackmail me or any other Nigerian - over our legitimate discussion on any issue of of anybody that we might believe - or have reason to suspect - is holding on to our patrimony illegally and/or fraudulently.  Without discussions of allegations of fraud, fraud can never be detected.  And fraud is all over the place in Nigeria, with episodic export to the Diaspora........
 
2.  Emeka Ugwuonye should give up the Embassy IRS real estate refund of $1.55 million (N232.5 million) that he has been holding on to since December 2007.  He has absolutely no right to it.  But he has every right to go after the Nigerian Government in Abuja for the money owed to him over his defence of former Head of State General Abdusalam Abubakar in Illinois court over the allegation to torture of death of Chief MKO Abiola, the June 12 martyr.  Our understanding at this time from the authorities is that Ugwuonye is not owed a farthing over that case, but that is the business of the Nigerian Government and Emeka Ugwuonye.
 
3.  I, Mobolaji Aluko,  intend to recoup ever farthing that I have spent on my lawyers on this case, from whoever sued me maliciously and with abuse of process - if and when agreed by the courts.  I will relent only when the third court rules otherwise - or when there is a just settlement out of court.  Emeka Ugwuonye may be able to afford the time and money for four or five lawsuits on his hands (brought by and against him) on this matter at the same time,  but I cannot afford the one initiated by him.
 
Every other thing - Igbo/Yoruba ni o, Biafra/Nigeria ni o,  picture of my picturesque house and cars and family ni o, etcheram, ad nauseum -  is irrelevant commentary.  I shall focus like a laser beam.
 
And there you have it.
 
 
 
Bolaji Aluko
"Bottomsville", MD, USA
 
 
________________________________________________________________________________________
 
 
The Chronology:
 
1.  May 27, 2004 - Prof. George Obiozor begins service as Nigeria's Ambassador to the United States in Washington DC (He remains Ambassador till July 31, 2007).
2.  August  2005 - August 2007 - Five Embassy properties sold (one bought) in the Washington DC area for about $23 million total.
3.  May 2, 2007 - Ambassador Obiozor signs Power-of-Attorney letter over to Emeka Ugwuonye concerning two adjacent Connecticut/Bradley Road properties.
4.  July 31, 2007 - last day of Ambassador Obiozor as Ambassador of Nigeria to the United States;  Head of Chancery Yusuf Abdullahi begins to deputize.
5.  December 12, 2007 - Letter from Ugwuonye to Minister Yusuf Abdullahi saying that he will disburse the Embassy's IRS refund money with him by end of year; attaches copy of check.
6.  March 30, 2008 - New Ambassador General Oluwole Rotimi arrives US to report for duty in Washington DC
7.  April 4, 2008 - General Oluwole Rotimi (Retd) becomes new Ambassador of Nigeria to the US
April 2008 - Former Ambassador Obiozor (during Washington hand-over visit) personally appeals to Ugwuonye to release IRS refund
8.  August 12, 2008 - letter from Bruce Fein (Ugwuonye's lawyer) to Minister Yusuf Abdullahi explaining why Ugwuonye is holding on to the Embassy money
9.  August 15-17, 2008 - Former Ambassador Obiozor visits Washington DC, appeals to Ugwuonye to release check
10.  August 30, 2008 - letter from Ambassador Prof. Obiozor to Ugwuonye urging him to release the money (see below)
11.  September 11, 2008 - email from Ugwuonye to Ambassador Obiozor admitting that he held on to the money for stated reasons.
12.  September 22, 2008 - Complaint by Embassy against Ugwuonye before the Washington DC Office of Bar Council is enrolled.
13.  February 15, 2009 (or thereabout): Ambassador Rotimi recalled for diplomatic tiff with Foreign Minister Ojo Maduekwe
14.  March 5, 2009 - Sahara Reporters (SR) writes article on Embassy real estate sales matter
15. March 13, 2009 - Ugwuonye sues Rotimi, Aluko, Sowore, SR website (Civil Action # PJM09-cv-00658) host for millions of dollars for defamation, etc.
16.  March 24, 2009 - Complaint before DC  Office of Bar Council is dismissed for lack of dilligent prosecution by the Embassy
17.  March 31, 2009 - Last day of General Rotimi as Ambassador of Nigeria to the USA
18.  May 29, 2009 - Ugwuonye quietly sues Aluko and Valentine Ojo (Civil Action # 314155-V) in state court for millions of dollars for defamation; does not serve papers
19.  Juy 28, 2009 - Federal case against Aluko dismissed (for lack of jurisdiction, etc.) ;  Ugwuonye sanctioned $750.
20.  August 8, 2009 - Ugwuonye appeals (motion to reconsider) federal case dismissal
21.  March 31, 2010 - Ugwuonye appeal  dismissed  through "paperless order" of court
22.  April 6, 2010 - Federal case against Rotimi dismissed without prejudice for Ugwuonye failure to serve
23.  July 23, 2010 - State case against Aluko by Ugwuonye summarily dismissed for lack of evidence;
24.  July 26, 2010 - Ugwuonye appeals summary dismissal
25.  July 27, 2010 - Aluko's oral motion for dismissal of counter-claim against Ugwuonye granted without prejudice
26.  August 3, 2010 - Aluko opposes Ugwuonye motion for summary dismissal and asks for sanctions and attorney's fees
27.   August 3, 2010   - Aluko files law suit (Civil Action #336251-V) against Ugwuonye in state court for abuse of process and malicious prosecution
28.  August 27, 2010 - Ugwuonye's state court settlement/pre-trial hearing against Valentine Ojo set to begin
 
__________________________________________________________________________________________________________________________
 
 
FROM THE ARCHIVES.........
 
"I am not going to return the money," said Mr. Emeka Ugwuonye, "my firm earned it as a fee.  It is right there in our retainer agreement with the Embassy."  - article by Dr. Chika Onyeani on March 4, 2009
 
The Guardian learnt from the Embassy and other sources that before Rotimi assumed office, the Head of the Nigerian Embassy Chancery/Administration, Mr. Y. S. Abdulahi was authorised in August 2007 by the government to allow the lawyer impose the lien in case his fees for services rendered to the government were not paid at the time of the tax refund....Ugwuonye confirmed to The Guardian that he invoked his right to impose the lien because other fees owed him were not being paid by the government.  ..... article by Mr. Laolu Akande in the Guardian of March 7
 
________________________________________________________________________________________________________________________________
 
 
Text of Letter from Ambassador Obiozor to Emeka Ugwuonye (Jpeg version follows):
 
___________________________________________________________________________________________________________________________
 
Prof. George A. Obiozor
39F Rumens Road, Ikoyi, Lagos, Nigeria
Telephone: +234-(0)803-588-4564  Email:georgeobiozor2001@yahoo.com
 
Ephraim Emeka Ugwuonye, Esq
ECU Associates, PC
Attorneys and Counselors at Law
850 Sligo Avenue, Suite 400
Silver Spring, MD 20910
 
 
August 30, 2008
 
Dear Barrister  Ugwuonye:
 
 
RE: IRS REFUND TO THE NIGERIAN EMBASSY
 
 
During my visit to the United States in April/May 2008, the Embassy's Head of Chancery informed me,
and later gave me a copy of your letter to the Embassy, on the above subject.  Your letter (copy
attached) specifically stated that you had received the IRS to the Embassy and that the amount
was one million five hundred and fifty thousand dollars ($1,550,000.00).  You further stated in the said
letter that "we shall be disbursing the check to the Embassy promptly upon clearance. We
expect this to be completed by the 22nd day of December, 2007."
 
It was therefore due to the fact that you had not disbursed the check by April 2008 when I visited that
the Embassy authorities approached me to appeal to you to please disburse the check to the Embassy.
This I promptly did, both over the telephone and when you came to see me at the Hotel.  In fact you
gave me the impression that you would resolve the issue immediately.
 
Sadly, upon my recent visit to the United States (August 15-27), the Ambassador as well as the Head of
Chancery informed me once again that  you still have not disbursed the check to the Embassy in spite of
my appeal to you and all their efforts in that regard.
 
I was further surprised and disturbed when I they informed me, and later sent me a copy, of a letter from
your lawyer linking the IRS Refund to your outstanding legal fees for services which you rendered to the
Federal Government of Nigeria, through the Attorney General of the Federation, on the case of the 
former Head of State, General Abdusalam Abubakar.
 
I hope that Nabil your staff informed you of my effort to reach you when I arrived. I must recall here 
that when I arrived as Ambassador in Washington DC, in 2004  and met your distinguished self
already retained for years as the Embassy's lawyer I was happy and highly impressed with your record
of service to the Embassy.  We, thereafter, had an excellent working relationship; and as it turned out
we also had many mutual friends in Nigeria and the United States.    That was why I assumed that you
took my appeal seriously and that you would do your best to resolve the matter urgently and amicably.
 
In all sincerity it seems absurd to me that you should link your specific assignment to the Embassy to
your services to other Agencies of the Nigerian Government - services over which the Embassy had
no financial responsibility or control.  Furthermore, we at the Embassy provided you and your Nigerian
clients consular courtesies, as we ought to.  I sincerely think and believe that your services to the
Embassy should be separated from your other commitments and transactions with the Federal
Government of Nigeria through its other Agencies.
 
Instead of holding the Embassy "hostage", may I suggest that you appeal directly to the distinguished
clients to whom your rendered services at the request of the Government of Nigeria to assist you in
collecting your fees from the appropriate quarters.  I am sure that a distinguished personality like the
former Head of State, General A.A. Abubakar, would try to help. 
 
Please implement without further delay the substance of your letter December 12, 2007, which is
"to (disburse) the check promptly upon clearance".  That to me is the right and noble
thing to do at this point.    You should not introduce extraneous issues into what were clear and
direct transactions you did with the Embassy long before and during my tenure in Washington, DC.
 
 Finally, I know that the Embassy in my time did not enter into any discussions or transactions with you
on the financial implications of any of your services to the Federal Government of Nigeria or any of its
Agencies.  I therefore appeal to you once more to please release the Embassy's IRS refund without
further delay.  It is the proper and honourable thing to do.  That to me right and noble the honorable and
 
Thank you, and please accept the assurance of my highest regard. 
 
 
Signed
 
Prof. George A. Obiozor
Former Ambassador of Nigeria to the United States 2004-2007
 
 
JPEG version of letter follows:
 
 

 


________________________________________________________________________________________
 
 

AMBASSADOR ROTIMI AND THE $20 MILLION QUESTION

Chika Onyeani
March 4, 2009 12:20 AM EST

The sale of houses and the fees paid out have now become the bone of contention for Ambassador Rotimi's defenders.  But one thing is clear: officials at the Embassy are horrified and angry that the Ambassador is trying to bastardize their reputation by making available to journalists internal discussions at the Embassy, which could potentially jeopardize their chances of advancing in the service, depending on the prism on which they are viewed and by whom.  They are angry because they have no recourse to either refute or confirm the information that Ambassador Rotimi is dishing out to his defenders.  They know it is against civil service rules for them to talk to the press as the Ambassador, a political appointee, is doing.  They are even more apprehensive of a total cleansing of house: the recall of most of the senior officials there.

"I am not going to return the money," said Mr. Emeka Ugwuonye, "my firm earned it as a fee.  It is right there in our retainer agreement with the Embassy."
 
Ugwuonye was referring to the $1.55 million allegedly reimbursed to the Embassy by the State of Maryland, according to one of the write-ups in defence of Ambassador Oluwole Rotimi, who has been asked to return to Nigeria after sending an incendiary and explosive, tribally-laden letter to his Foreign Minister. 
Defenders of Ambassador Rotimi are now pointing to this money or his attempts to collect this money as now the focal point of his recall.

After asking him in several ways whether he was going to return the money to the Embassy, and getting the same answer, I said "Emeka, let me ask you one more time.  I want to get this straight, so there is no misunderstanding that I misquoted you.  Are you going to return the $1.55 million to the Embassy or not?  Is it not in your own best interest to return that money, after all you have been representing the Embassy for umpteen years?"

"Well," he said, "I can never say never.  I am always willing to sit down with any of my clients and discuss my fees.  If the Embassy invites me, I am willing to sit down with them and discuss my fees, including the $1.55 million."

"So you are willing to discuss returning the money to the Embassy?", I asked Mr. Ugwuonye again.

"No, I am saying that I am willing to sit down and discuss with them about my fees.  You see, this is not the only case I am handling for the Embassy, I am handling a lot of other cases for them, not only related to real estate."

Mr. Ephraim Emeka Ugwuonye, is a lawyer (although he would prefer to be known as the most influential Nigerian attorney in the Washington, DC area), whose office is based in Silver Spring, on the outskirts of Washington, DC.  He has been practicing law since 1995, and has been representing the Nigerian Embassy that long, through the tenures of Ambassadors Kazaure, Hassan Adamu, Jibril Aminu and George Obiozor.

The sale of houses and the fees paid out have now become the bone of contention for Ambassador Rotimi's defenders.  But one thing is clear: officials at the Embassy are horrified and angry that the Ambassador is trying to bastardize their reputation by making available to journalists internal discussions at the Embassy, which could potentially jeopardize their chances of advancing in the service, depending on the prism on which they are viewed and by whom.  They are angry because they have no recourse to either refute or confirm the information that Ambassador Rotimi is dishing out to his defenders.  They know it is against civil service rules for them to talk to the press as the Ambassador, a political appointee, is doing.  They are even more apprehensive of a total cleansing of house: the recall of most of the senior officials there.

The real estate transactions happened during the Obasanjo adminsitration, and after Nigerian Embassy moved from its previous locations at 1333 16th Street, NW, and the 'M' Street, NW, to its current edifice located at 3519 International Court, NW, where many other embassies are located, and a building currently valued at a little less than $20 million.  When the offices were moved, the properties stopped being maintained and there were complaints filed against the Embassy for the unkempt premises, prompting the State Department to issue warnings to the Embassy.  Again, two of the houses occupied by the Ambassador and his deputy had become dilapidated, especially the Ambassador's house on Connecticut Avenue, NW, was located on a noisy heavily trafficked road.  The deputy ambassador's at Woodlawn had also deteriorated, and was being eaten away by ants.

That was when a directive from the Obasanjo presidency, through the then Minister of Foreign Affairs, Alhaji Sule Lamido, for the four buildings and houses to be sold. 

The then Ambassador of Nigeria to Washington, DC, Prof. George Obiozor, decided to set up a 7-man property management committee to manage the sales of the properties, with the then deputy chief of mission, Ambassador Okon I. Udoh, as chairman of the committee.  A specific instruction from the presidency was that the Ambassador's house on Connecticut Avenue should not be sold for less than the amount used in purchasing the house on the Potomac, a much more secluded area.

The amount of $20 million was realised for the sale of those four properties.  Instructions were issued from the presidency that the money should be deposited in a specialized account, and the said $20 million, now a little more than $20 million, is still in that account.

However, when Brigadier-General Oluwole Rotimi arrived in Washington, March, 2008 as the Ambassador of Nigeria to the U.S., and saw this huge amount of money, first he tried to take control of the account on the pretext that his officers were not being paid.  But senior officials at the Embassy seriously warned him that the money was not to be touched.  Then he turned around and began to suspect that something was not right, that there must have been some kind of corruption that went with the sale of the properties. 

What Ambassador Oluwole Rotimi couldn't believe was that there were some very honest civil servants - career diplomats if you wish - who believed in transparency.  He began covertly probing his predecessor, Ambassador Obiozor, who ignorant of what was going on, was enthusiastically doing everything to ensure a smooth transition and also introduction to his colleagues, even after leaving Washington, DC. Even when he wrote a letter to Ugwuonye in August, 2008, he was still unaware that he was the focus of investigation.

"Then as soon as Ambassador Rotimi noticed the name Emeka Ugwuonye and George Obiozor, he suspected collusion.  He became ballistic; personally I don't understand how somebody with such Igbo hatred could have been made the Ambassador representing all Nigerians.  If Ambassador Rotimi says he has talked to me since he arrived, I will initiate a suit against him for defamation," according to Ugwuonye.

"Obiozor has nothing to do with my withholding the money or not.  In fact, he is the one who wrote to me asking me to refund the money to the Embassy.  But listen, the Embassy owes me a lot of money.  I have even forgiven a $1 million that they owe for work I did for them in New York.  People are writing all kinds of rubbish in the internet, they are jealous and they can't stand the fact that I am the most influential Nigerian attorney in the Washington, DC area (I thought he was going to say in the whole U.S.)."

"I have been practicing law since 1995, and I have built a 22-man law firm," Mr. Ugwuonye boasted.

"But you were suspended for 90 days by the State of Maryland from practicing law," I said to Mr. Ugwuonye. "And how could you be doing work for them when you are also suspended in New York State from practicing law?" I asked Mr. Ugwuonye. 

Ugwuonye seemed taken aback by these questions.  He quickly recovered, cleared his throat, and said, "If you have been practicing law for 15 years and have a 22-man office, somebody is likely to run afoul of the law.  And the fact is that anything that happens in this law firm is my responsibility.  So, I was suspended for 90 days from October, 2008.  Well, it is over," though I didn't see where Mr. Ugwuonye has corrected the sanctions imposed on him.  But reading through the case, I agree it was one of the lawyers in his office who was responsible for the breach of proper legal representation.

"But the one in New York is not over," I advised him as a consequence of being suspended in Maryland and the District of Columbia (Washington, DC).  "Well, I will take care of it when I have to do something in New York state."

It is difficult to understand why Ambassador Rotimi has now chosen this line of defence.  Seriously, it is really disingenuous for Segun Gbadegesin implying that Dr. Obiozor was complicit in Mr. Ugwuonye's actions, when he wrote as follows, "It was after the intervention of Professor Obiozor that the Nigerian attorney formally replied to Ambassador Rotimi through a lawyer that he was not going to return the $1.5 million to the embassy because the Federal Government of Nigeria owed him legal fees on a different matter for which he had been retained. Therefore, he was going to pay himself with the tax refunded by the State of Maryland to the Embassy."

Obiozor's letter faxed to me by Mr. Ugwuonye speaks for itself.  Obviously, Ambassador Rotimi was badly misdavised in dredging up the ghosts of the Biafran-Nigerian war.  It showed for who he was: a man who has harbored uncontrollable anger toward the Igbo and a man who doesn't believe that the Igbo deserve to be at the table in the uppermost echelons of Nigerian affairs.  That he apologized in a statement, but has now decided to drag innocent people down with him, says a lot about his earlier intentions. 

The Ugwuonye versus the Embassy's $1.55 million refund should not have been brought into the sordid and indefensible utterances of Ambassador Rotimi, but the more one looks at it, it begins to assuredly show that he indeed wanted to take control of the $20 million before honest career diplomats at the Embassy thwarted his ambitions.  It was indeed a brazen attempt at trying to do business as usual in the Nigerian corrupt way.

(Mr. Ugwuonye had promised to fax George Obiozor's letter to me by 11 am this morning.  However, when I called his mobile around 11:45 am, a recording said to text message him as the fastest way of getting a reply.  I texted him, and he replied a little after 12 noon that I should give him another one hour.  By 4 pm, somebody from his office called to say that they couldn't locate the letter.  When I queried whether it wouldn't be in the Nigerian Embassy file, I was told that there were so many.  I was assured that before long, the letter would be located and faxed to me.  Well, it is now almost 8 pm and still no letter).

_____________________________________________________________________________________________________________________________

http://odili.net/news/source/2009/mar/7/14.html

GUARDIAN

Saturday, March 7, 2009

Rotimi, U.S. lawyer feud over sale of Nigerian houses
From Laolu Akande, New York

ALTHOUGH, he is being recalled home as Nigeria's Ambassador to the United States (U.S.), Brig. Gen. Oluwole Rotimi (rtd) is still raising posers over certain aspects of the sale of nation's property in Washington, DC and state of Maryland for about $25 million.


 
Rotimi is querying the decision of the Nigerian Embassy's attorney, Emeka Ugwuonye to retain a $1.55 million tax refund on the sale of the property.

While Rotimi argues that the money belongs to the Federal Government and should be returned to the treasury, Ugwuonye insists that he had an agreement with the embassy to put a lien (a legal hold) pending the resolution of issues sorrounding the money in lieu of other money owed him by the government for legal services rendered by his law firm of over 20 lawyers.

The Guardian learnt from the Embassy and other sources that before Rotimi assumed office, the Head of the Nigerian Embassy Chancery/Administration, Mr. Y. S. Abdulahi was authorised in August 2007 by the government to allow the lawyer impose the lien in case his fees for services rendered to the government were not paid at the time of the tax refund.

Ugwuonye had been retained by the Embassy to manage the sale of the property several years before the Olusegun Obasanjo presidency, when the sale of the property started.

He was also the lawyer that represented former head of state, Gen. Abdusalami Abubakar in the human rights violation case brought against him by Chief Anthony Enahoro and others in a U.S. District Court, first in Detroit, and later in Chicago.

Four Embassy houses were sold in the early years of President Obasanjo's first term and in 2007. The property included buildings that housed the Nigerian Embassy's operations.

The first was an abandoned property on M and Wootin Street in the U.S. capital. The building used to serve as the Embassy's offices in Washington, DC. It was sold for about $2.5 million. The second was the Nigerian Embassy office on 16th Street, sold for $7 million, while another one on M Street was sold for $12 million. They were abandoned after Nigeria built a bigger embassy office in the U.S. at International Court in Washington, DC. Former Vice President Abubakar Atiku commissioned the new office in 2003.

The 4th property sold was the Ambassador's residence on Connecticut Street, close to Washington, DC but actually located in the adjoining state of Maryland. The residence was considered a security concern because it was too close to the main road.

The sales were done when Prof. George Obiozor held sway as Nigeria's envoy.

While the transactions were completed late in 2007, a tax refund, which had been withheld - a common practice in U.S. real estate sales - from Nigeria by the U.S. Internal Revenue Service was later released through the Nigerian Attorney in the sum of $1.55 million.

Ugwuonye confirmed to The Guardian that he invoked his right to impose the lien because other fees owed him were not being paid by the government.

Rotimi, who arrived in Washington, DC in March 2008, said it was during the handover process that he was made aware of the transactions. He confirmed in a telephone chat that the embassy felt that the money belonged to the government and should be refunded.

According to him, the Embassy has paid the attorney his legal fees, adding that "we do not owe him a kobo, or dollar." Asked if he was aware that Ugwuonye had an agreement with the embassy that empowered him to invoke a lien on the refund, Rotimi challenged the lawyer to provide such proof.

___________________________________________________________________________________________________________________________

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