BEVERLY HILLS, September 18, (THEWILL) – A United States District Court has dismissed a case by a Nigerian lawyer, Godson Nnaka, seeking to stop the repatriation of over $550 million of looted funds by late Head of State, General Sani Abacha.
The U.S-based Nigerian lawyer had sought for an order that the Nigerian Government must pay him $320 million as legal fees for the forfeiture of the $550 million of the loot still trapped in the United States.
However, Justice John D. Bates, dismissed Nnaka’s case, saying the claimant was not entitled to such payment since he was not a party to the forfeiture case filed by the US Department of Justice in conjunction with Nigeria.
Ruling on the case, the judge entered an order denying Nnaka’s Motion for a Charging Lien (fee) and specifically declared that Nnaka’s participation in the case must come to an end.
He declared that Nnaka did not meet the basic prerequisites to be considered as a proper party in the case to be paid the amount he requested for, having not qualified to represent Nigeria and ruled out Nnaka for the payment since he had not won any judgment for Nigeria.
“Neither Nnaka nor his purported clients are parties to the forfeiture matter and neither of them can win judgment through this litigation,” the judge ruled.
“The conclusion dooms Nnaka’s motion for charging lien. At common law, the charging of lien is applicable to a judgment or decree obtained for a client by an attorney. Until a judgment or decree has been obtained, the right to impose a lien does not arise.
“Even the most basic prerequisites for charging lien are missing here: Nnaka has not won a judgment for Nigeria; indeed, he had not successfully entered appearance on Nigeria’s behalf. A charging lien in the amount of $320 million is not called for. Nnaka’s claim against Nigeria must be pursued in another case: 16cv-1400.
“Unless and until Nnaka’s claim to the defendant’s assets are reinstated by the DC Circuit, Nnaka’s participation in this case must now come to an end.”
Story by David Oputah
