New York, December 11, 2006—United States based human right organization, Africans In America, Inc. has written Nigeria Inspector General of Police to quiz Barrister Theophilus Nwaigbo, a Lagos-based self-proclaimed police informant regarding violent crimes in Lagos and other parts of Nigeria.

Nigerian Police Boss Inspector General Gabriel Sunday Ehindero (CFR, NPM)

The Africans In America, Inc.’s investigative study and shocking findings, which started 14 months ago, covers 4 police formations namely; Nigeria Police Force Headquarters, Abuja; Panti SCID, Yaba, Lagos; Zone 2 Police Command Headquarters, Onikan, Lagos and SARS, Ikeja, Lagos. The investigative study also includes Economic and Financial Crimes Commission (EFCC) and the national secretariat of Nigeria Bar Association (NBA), Lagos, Nigeria. 

Bonaventure Ezekwenna, the Executive Director of Africans In America, Inc. has stated that numerous efforts to save lives in Nigeria started in September 2005 had fallen on deaf ears until recent attempt to assassinate a 23 years old girl in Shomolu, Lagos on May 15, 2006. In this incident, the victim was stabbed in the back of her head and other parts of her body and left to die in a lonely street in Shomolu, Lagos during nighttime.

The accused attacker, Barrister Theophilus Nwaigbo never hide his status as informant. He had openly boasted about his tight connections with the senior officers of the Nigerian police force (NPF) and the Economic and Financial Crimes Commission (EFCC). He also has boasted about his extra-ordinary ability to ensure that any complaint against him ends in “fiasco”.

Our investigation shows that Barrister Nwaigbo’s boast is not empty, either.

In September 2005, Barrister Nwaigbo allegedly effectively stalled investigation of cover-up of criminal activities in Nigeria following petitions forwarded to various Nigerian government authorities, including the Inspector General of Police.

Petition of threat to assassinate an American human right activist lodged at the Police Inspector General ‘s office against Barrister Nwaigbo did not see the light of day. This, he allegedly boasted that, ‘his boys working at IG’s office had thrown to the garbage’.

Defying boasts about his connections at the Nigeria Police Force (NPF) Bonaventure Ezekwenna, the Executive Director of Africans In America, Inc. in November 2005 sent complaint to the Inspector General of Police regarding what appear to be multiple criminal conducts of Barrister Theophilus Nwaigbo.

Defying boasts about his connections at Economic and Financial Crimes Commission (EFCC), Bonaventure Ezekwenna, the Executive Director of Africans In America, Inc. in January 2006 sent complaint to the anti-fraud and corruption agency regarding alleged local and international frauds of Barrister Theophilus Nwaigbo.

On about February 23, 2006, officers of Economic and Financial Crimes Commission (EFCC), Lagos Operation invited Barrister Theophilus Nwaigbo regarding the complaint, including a sum of $636.00 he allegedly committed in 2001. Mr. Ezekwenna residing in New York, United States wired the money to Barrister Nwaigbo in Lagos, Nigeria through Money Gram Money Transfer office in New York. The money was wired to Barrister Nwaigbo to incorporate an NGO in Nigeria which he failed to do and also failed to return the money. He was detained at EFCC until he produced N65,240.00 being the exchange amount he collected from local bank in Nigeria. On April 18, 2006, acting on instruction, Barrister T. C. Eze collected the recovered money from EFCC on bond pending the next action.

Defying boasts about his connections at NBA, Bonaventure Ezekwenna, the Executive Director of Africans In America, Inc. sent complaint to Nigeria Bar Association (NBA) regarding the conduct of Barrister Theophilus Nwaigbo. Strangely enough, the bar association on July 5, 2006 sent Mr. Ezekwenna an email stating that the Disciplinary Committee after considering his petition found no prima facie case against the lawyer. However, following inquiry from Mr. Ezekwenna on NBA decision process, the bar association somersaulted and sent another email on Aug 17, 2006 stating that Disciplinary Committee had not dealt on the complaint yet. “The Status of your case presently, is that, it is at the next stage, meaning it has been listed for assignment” stated Mrs. Ngozi Osadebay-Akpunonu, Secretary of the Disciplinary Committee through email. The new leadership of Nigeria Bar Association is currently trying to determine the true status of the complaint and the reason the honorable association sent the 2 conflicting emails on the same matter.

In July 2006, an illiterate poor woman, a petty (street) trader who illegally lost her 5 children to her husband through what is called ‘jankara’ justice sought the services of Barrister Theophilus Nwaigbo to get her children back. Barrister Nwaigbo allegedly assured the woman that she would get her children within 30 days if she could pay his fee. He collected N50,000.00 from the poor woman to handle the case. In the process, he allegedly fondled the woman in his office. After 3 months of inaction, the poor woman demanded for her money and the attorney picked up a stick in his office and allegedly flogged the woman silly and walked her out of his office sobbing.

When the case was reported to Panti, SCID, Barrister Nwaigbo went there and demonstrated that his connections with Nigerian police have no bound. While in the presence of the Panti officers, he allegedly threatened to beat the poor woman again and thoroughly orally abused her and the officers were jeering him on, chanting  “the law, the law”. Following intervention of Africans In America, Inc. the attorney returned the money to Panti and allegedly instructed the police not to release the money to her until she withdraws her complaint against him. The woman refused to withdraw her complaint and the police is withholding her money for the past 2 months or more. All effort to get the head of  SCID, Panti, Deputy Commissioner of Police Olayinka Balogun who is reputed to be a fine officer has been effectively blocked by the associates of Barrister Nwaigbo working in his office.

Suspecting that his former worker Emeka Ugenyi was leaking his secrets and has become a witness, on October 23, 2006, this same fellow (Barrister Theophilus Nwaigbo) in the company of some ‘area boys’ went to the residence of Emeka Ugenyi and allegedly held him hostage and falsely accused him of armed robbery. They held him in captivity until policemen from SARS he had arranged arrived and took him (Mr. Ugenyi) to their office at Ikeja, Lagos. He was detained at SARS in the company of others alleged hardcore criminals until October 30, 2006 (7 days).

On October 26, 2006 (Thursday) at about 11.30 pm when everyone was sleeping, Emeka Ugenyi was allegedly removed to a torture location in the SARS office and allegedly tortured for about 1 hour 30 minutes. He stated that the policemen torturing him were asking him why he leaked his boss secrets information to people who will use them against him. The torturing officers asked him the reason he link two women Miss Chinasa Okwumo and Mrs. Eunice Ihejirika to the America human rights activist. Mr. Ugenyi told them the truth that, he linked the victimized women innocently to get help but never to put his former boss into trouble. They allegedly tortured him the more. Barrister Nwaigbo allegedly joined the police in slapping and beating him inside the station.

Mr. Ugenyi stated that he was never quizzed about any armed robbery while he was detained at SARS but was rather tortured for being a good citizen by assisting women defrauded by his former boss and testifying truthfully about it.

He was allegedly injured on his left eye, face, head, mouth, teeth, tongue, neck, back, legs and body. Injury to the left eye appears most serious.

Mr. Ugenyi stated that the next day with his body swollen and in excruciating pains, the police officers handcuffed him, took him to his residence and to Barrister Nwaigbo’s office and paraded him in public.

Victim with her injuries at hospital bed

Mr. Emeka Ugenyi was released on October 30, 2006 when his senior brother Mr. Jude Ugenyi and neighbors namely Chief Mobech - former army officer; Alhaji Owoyemi - former Councilor and Mr. James Ajibade - car dealer informed the Deputy Commissioner of Police that he was arrested and being tortured on false allegation. The Deputy Commissioner intervened and ordered his release.

At Zone 2 Police Command Headquarters, the connections of this man nearly derailed the investigation of attempted murder of the 23 years old female. The investigating police officers nearly frustrated the investigation and their reason was: the victim was “blowing hot and cold at the same time”. The police actually gave the reason for slowing down attempted murder investigation because the terrified victim according to them was “blowing hot and cold at the same time”. It took the intervention of Force Headquarters, Abuja, to break the stalemate.

Alleged threats to the life of the victims, their lawyer and family members by the Barrister Nwaigbo and his associates lodged at various police stations in Lagos had apparently not been investigated, forcing some of them to go underground for fear of their lives.

The nuisance this fellow is causing in Lagos may have recently come to the attention of Lagos State Commissioner of Police, Mr. Emmanuel Adebayo, and his cohorts in the Nigerian police may have been identified. It is unknown whether his claimed status as a police informant may actually be handicapping the police ability to bring him to full justice. It is unknown at the moment whether police informants could violate the law with impunity in Nigeria.

Some findings of the study

Some of the findings of the 14 months study include but not limited to the followings:

Meanwhile, on October 17, 2006 the 23 years old girl filed a two hundred million Naira (N200, 000,000.00) lawsuit in Lagos High Court, Nigeria against her attacker. Our investigative study shows that court record indicates the suit is No LD/1367/06 (High Court of Lagos State) in Nigeria.

Analysis of findings and Conclusion

Stating that police informants are supposed to uphold the law, the Executive Director of Africans In America, a human rights organization raising awareness, addressing social causes affecting Africa and rendering assistance to the needy, Bonaventure Ezekwenna, urged the Nigeria Police Inspector General, Mr. Sunday Ehindero to please quiz Barrister Nwaigbo about violent crimes, including attempted murders taking place in Lagos and other parts of Nigeria.

“There should be no cover-up”, warned Mr. Ezekwenna.

Investigation further reveals that Nigerian citizens are willing to cooperate with the police but the problem lies on whether the police are willing to protect cooperating witnesses.

Investigation also uncovers the collusion of quite a number of attorneys. Among the attorneys covered in the study, only one female was able to scale through.

One of the messages in this study is: Nigeria Police Force has the ability to solve crimes, including violent crimes when the will to do so is in place. However, the sad thing about this study is that there are abundant proofs of the police awareness of these criminalities and yet they refused to deal with it. “Look at the huge resources exerted on this study. Even with violence attempt to murder a young girl in a lonely street of Lagos and somebody still wants to cover up the crime right inside the police offices. What does that tell you?  How many Nigerians could be able to spend so much to get justice? How many people could afford this?” Mr. Ezekwenna wondered.

Praising the bilateral agreement between Nigeria and United States on crimes and law enforcement, Mr. Ezekwenna stated that detail study his group’s findings will be very useful for informed policy decision. This study is good for the reform effort of the Nigerian government.

Africans In America, Inc. in collaboration with few Nigerian Non-governmental organizations is using this among few others, as test cases on the reforms taking place in the Nigeria police force and the judiciary.

In response to public concerns about this case, Nigeria Police Force spokesman, Mr. Haz Iwendi, Deputy Commissioner of Police has assured that there will be no cover-up on this case, despite Barrister Nwaigbo’s alleged threats to witnesses and their attorney and despite his connections. “You are to be informed that there are no more sacred cows or untouchables in Nigeria criminal Justice system”, DCP Iwendi assured.