$180m Halliburton scam: Plaintiff petitions CJ, seeks probe of missing documents

Posted by admin Headlines Tuesday, April 5th, 2011

A legal practitioner, Mr. Ugochukwu Osuagwu, has asked the Chief Judge of Abuja High Court, Justice Lawal Gummi, to assist in unraveling the circumstances that led to the disappearance of court processes involving a former Vice President of United States, Mr. Dick Cheney, over the $180m Halliburton bribery scam.

In a petition obtained by our correspondent on Tuesday, the lawyer who is the plaintiff in the suit said, “Since the matter commenced on February 22, 2010 at an Abuja High Court, Gudu, no progress has been made.

“Since that day the court clerk and other support staff have been looking for the originating processes and this has stalled proceedings which came up on March 8, 2011.

“I have lost confidence in this court particularly the support staff assisting Hon. Justice Adebukola Banjoko. I also frown at the way the judge ordered me to put on my wig and gown to appear from the plaintiff/witness dock to conduct my case despite my unwillingness.

“Interestingly, I am the plaintiff in this matter and though a legal practitioner, the rules of professional conduct of the legal practitioner Act and even the case of I. B. W.A Ltd V. Imano Nig Ltd (1988) 3NWLR PT 85, forbids a lawyer to be robed while appearing for himself as a party (plaintiff) and more so standing from the witness section.

“I suggest in the alternative, that the case file in suit No CV/901/10 pending before Hon. Justice Banjoko be transferred to another Judge either in Wuse Zone 5 or Maitama, where I can have confidence that the court officials there would be serious and more professional.”

Ugochukwu’s suit against the former US Vice President at an Abuja High Court had suffered another setback as the case file which had earlier been declared missing by the court was found.

But copies of processes meant to be served by bailiffs on the defendants were declared missing.

The plaintiff had filed an action before an Abuja High Court naming the Economic and Financial Crime Commission, chairman of the commission, Mrs Farida Waziri, and Richard Dick Cheney as the 1st, 2nd and 3rd defendants.

The plaintiff had asked the court to declare as null and void the withdrawal of criminal charges against Cheney through plea bargaining without complying with the provision of the 1999 constitution.

He had specifically said that the plea bargaining violated section 6(1)(2)(5) and (6) of the 1999 constitution adding that by virtue of section 14(2) EFCC (Establishment Act 2004), the EFCC cannot afford to enter into plea bargaining with Cheney without first arraigning him before a competent court of jurisdiction in Nigeria.

The court, however, declined the request of the plaintiff to move an exparte order for substituted service on Cheney using his last known address in Nigeria as the then Head of Halliburton worldwide.

Justice Banjoko said the motion was not “meritorious.”

In attempt to find out whether Ugochukwu had served the defendants the originating summons, the court discovered that the bailiff did not deliver the processes and the said documents could not be found.

The court, however, adjourned the case till May 11, 2011 for hearing and for the plaintiff to regularise the records of service.

-Punchwp_posts