Written by Prior to the aforementioned Report, in November, 2010, I came across one Hausa male, who I had every reason to believe could be involved in judgment procurement, and in imposing undue influences on some members of the Nigerian Judiciary in Abuja, Lagos, Kano, Kaduna, and Sokoto. His name is Mr. Mohammed Awwal Abubakar.
KLM – Royal Dutch Airlines
In February 2011, I commenced fresh proceedings in the Federal High Court, Ikeja, Lagos, against 4 defendants – KLM – Royal Dutch Airlines (1st Defendant), Attorney General of the Federation (2nd Defendant), Comptroller General of the Nigeria Immigration Service (3rd Defendant), and Minister of Foreign Affairs (4th Defendant).
Mr. Abubakar was first on the scene. He employed the services of Mr. S.E. Elema, of Usman and Elema, of Lagos to represent KLM – Royal Dutch Airlines. He also employed the services of Ms. Clara Mbachu of Kenna & Associates, to represent the Attorney General of the Federation. He employed himself to represent the Comptroller General of Nigeria Immigration Service, where he works as a legal assistant, but prefer to use the term “Counsel”, when addressing the court. On June 27, 2011, he brought in one Mrs. Sarah H. Daniel, of the Ministry of Foreign Affairs to represent the Minister.
Conspiracy to pervert cause of justice
There is no dispute that Mr. Mohammed Awwal Abubakar is the prime mover of a judgment procurement cartel – a cartel which thrives on imposing undue pressures on some members of the Judiciary in Abuja, Lagos, Kano, Kaduna, and Sokoto to deliver bogus rulings cum judgments, for gain
On 29 April, 2011 Abubakar filed a bundle of documents, in Ikeja Judicial Division, Lagos. Abubakar filed a Notice of Preliminary Objection. He grounded his objection upon the Public Officers Protection Act 2004, Section 2(a). He forgot that the 2004 Act has been repealed and the current law is 2009.
On the 27 June, he brought in Mrs. Sarah H. Daniel, and she too, practically copied verbatim and literatim the words of Abubakar. They composed their Objection Notices on the same typewriter.
Dazed with confusion
Both Abubakar and Mrs. Daniel were scheduled to present their Preliminary Objection applications to strike out the Plaintiff’s suit. In the course of presenting his Notice of Preliminary Objection to strike out the instant suit, Mr. M.A. Abubakar, appeared to be dazed with confusion. Thrice he told the Presiding Judge that: “My Lord, I am Counsel for the Attorney General of the Federation”; “My Lord, I am Counsel for the Comptroller General of Nigeria Immigration Service”; “My Lord, I am Counsel for the Minister of Foreign Affairs”.
Mrs. Sarah H. Daniel, “counsel” for the Minister of Foreign Affairs did not attend court on July 26, 2011. Mr. Abubakar told the court that Mrs. Daniel was ill. Therefore, she did not present her preliminary objection application. The court did not hear from her again.
When Mr. Abubakar completed his presentation of his preliminary objection on July 26, 2011 Judge Adah said that he would deliver Judgment on 29 July 2011, at 10.30 before noon.
On 29 July 2011, Judge Adah entered his court, looking distraught and sickly. The Judge said that he was unable to deliver the Judgment. He said, “up to 3 minutes ago, I was trying to write but I could not”. Judge Adah said that he would deliver his Judgment on September 26, 2011.
I expressed sadness. But at the same time, I felt very sorry for Judge Adah. He had been leaned upon by Mr. Abubakar and some important people in the system, to exonerate KLM – Royal Dutch Airlines.
On September 8, 2011, I made contact with the Attorney General’s Office via Agents, for confirmation or denial that the Attorney General was aware of the the suit against KLM and whether the AG briefed any legal practitioner to represent the Attorney General, or the Minister of Foreign Affairs or the Comptroller General of Nigeria Immigration Service or indeed, whether the AG had a hand in the appointment of a legal practitioner to represent KLM – Royal Dutch Airlines. I caused similar enquiries to be made at the Ministry of Justice, Abuja.
Officials confirmed to my Agents that no one in the Attorney General’s Office was aware of the suit against KLM and that the Attorney General did not brief Ms Clara Mbachu or any legal practitioner in the firm of Kenna & Associates. And further, that no one in the Attorney General’s Office briefed a legal practitioner in the Ministry of Foreign Affairs or in private practice to represent the Minister of Foreign Affairs and to defend the Plaintiff’s suit.
My Agents were informed that, in view of my worries, a file would be opened and sent to the Civil Litigation Section of the Ministry of Justice.
On September 8, 2011, I telephoned Mr. Abubakar. I said: “Mr. Abubakar, on 26 July, 2011, you told the court that you were acting on behalf of the Attorney General of the Federation, and on behalf of the Minister of Foreign Affairs and on behalf of the Comptroller General of the Nigeria Immigration Service. Mr. Abubakar, tell me, did you instruct Ms Clara Mbachu, and Kenna & Associates to represent the Attorney General”?
Mr. Abubakar did not give a straight answer. He said: “You see those lawyers, even me; we are all from the Attorney General’s Office. Even the woman from the Ministry of Foreign Affairs. We are all from the Ministry of Justice. The Attorney does not have to know about the case. That is the system in this country that you don’t understand. We are all lawyers from the Attorney General’s Office, Ministry of Justice”.
Issue for determination by new Chief Justice of Nigeria
This case poses a serious challenge for the newly inaugurated Chief Justice of Nigeria, Chief Justice Musdapher. The issue cannot and should not be swept under the carpet.
