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Nigeria: Country Backs Out of $1.3 Million Settlement Agreement
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Leadership (Abuja)
27 March 2008
Posted to the web 27 March 2008
Prince Charles Dickson
Nigeria may have reneged on the $1.3 million out of court settlement in the human rights abuse case brought against erstwhile head of state General Abdulsalami Abubakar (rtd), despite promising to offset the settlement fee within 24 hours almost three months ago.
"We have not been paid. The decision to return to court as directed by the U.S. District Judge Matthew F. Kennelly if Nigeria backs out of the agreement goes beyond me. It has to be a collective decision of all the plaintiff's attorneys," said Akin Ogunlola, one of Abiola's attorneys based in Chicago.
Investigations by the Chicago Inquirer monitored by leadershipnigeria.com revealed that Kayode Oladele, the plaintiff's lead attorney, is holding off reinstating the case because of the involvement of Ogun State governor Gbenga Daniel.
Oladele is allegedly "tired of several excuses" adduced by Nigeria's attorney-general for delaying the remittance of the settlement agreement.
Abubakar's attorney had told Judge Kennelly on January 14, 2008 that the money would be paid within 24 hours.
"The Federal Executive Council had already approved the settlement amount but I will leave Oladele to expatiate more about our meeting with attorney-general in London on Saturday and Sunday, January 12 and 13," Ephraim Ugwuonye told Kennelley in a telephone conference.
Ugwuonye, however, told the Chicago Inquirer that Nigeria had fulfilled its obligations in the case, stressing, "why are they not back in court if they have not been paid? I told you in the beginning of this case that money was the motivation behind this case and not human rights or justice at all," he told the Chicago Inquirer in a telephone interview last February.
The just concluded election petition against President Umaru Yar'Adua and inability of the PDP to hold its convention among others were said to have delayed the remittance of the settlement fee.
Kennelly had warned the defendant against reneging on the out of court settlement to avoid stiffer penalties, stressing if things don't proceed as stated, all that Oladele needs to do is to make a motion reinstating the case.
"We are not playing games this time around. We are serious in putting the case behind us," Ugwuoye replied the judge in a telephone conference.
Even though Ugwuonye told the Chicago Inquirer that Nigeria had fulfilled the settlement agreement, he was reported to have traveled to Nigeria in February to press for the remittance of the money without further delay.
Ugwuonye and Oladele stopped returning several phone calls placed to their offices.
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Two earlier settlement agreements failed when the defence did not honour the terms of the agreement.
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