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US-based Abolitionist vs. Nigeria-based human trafficking syndicate: Judgment is Sept. 21
Africans In America News Watch
New York, Special Report

New York, September 10, 2007—An Ogidi high court in Anambra State, Nigeria presided over by Hon. Justice J. I. Nweze has set September 21, 2007 to deliver judgment on a N500 million human trafficking suit, after the plaintiff’s and defendant’s attorneys adopted their final written addresses today.

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Carol Ndaguba, Head of Nigeria’s anti-trafficking-in-persons agency; National Agency for Prohibition of Traffic in Persons and Other related Matters (NAPTIP). NAPTIP remains largely ‘toothless’ and ineffective in addressing human trafficking in Nigeria.

The plaintiff Mr. Anthony Ezeonu on November 2004 had filed the civil suit against a US-based human rights advocate, Mr. Bonaventure Ezekwenna, Executive Director of Africans In America, Inc., a leading human rights organization addressing social issues concerning the larger African immigrant community in United States.

One of the key objectives of the organization includes using public awareness and direct services to eradicate the gross abuse of economically disadvantaged victims of human trafficking lured from African countries into the United States.

In compliance to the rules of the Awuda Community, Nnobi town, Nigeria requiring indigenes of the community to report disputes with fellow indigene to the community leadership, Mr. Bonaventure Ezekwenna complained to the Awuda leadership in April 2004 that Mr. Anthony Ezeonu and others attacked and plotted to assassinate him between 1992 -1994, as well as plotted to make it appear as armed robbery attack. Mr. Ezekwenna complained that the reason Mr. Ezeonu and his group waged the attack and plotted to kill him was because he spoke out against their involvement in trafficking poor girls from Nigeria into United States and grossly abusing them. Mr. Ezekwenna referenced several adjudicated cases of child trafficking which the syndicate had perpetrated between Nigeria and United States. The plaintiff and defendant are indigenes of the Awuda Community in Nnobi town.

To stop the Awuda Community from addressing the complaint, Mr. Anthony Ezeonu filed the suit in Ogidi High Court claiming libel and N500 million in damages. Meanwhile the petition in Awuda is on hold until the resolution of the suit in court.

The case which had dragged on for close to 3 years is characterized by some interesting intrigues.

Firstly, the plaintiff reportedly boasted that he and his attorney had devised strategies to make the defendant suffer a lot of loss by bringing him down to Nigeria from United States to waste his time and money.

The defendant had in-fact lodged several complaints that the plaintiff was intimidating witnesses and employing some unorthodox tactics to delay the case.

On 20/5/05, when this matter was slated for hearing, it was discovered that counsel to the plaintiff submitted a letter to the court requesting adjournment claiming that he had a matter before the Court of Appeal, Benin, Edo State, Nigeria in another case: Suit No C/67/2000: Chief E. O. Ezeghalike Vs. L. C. Odenmigie on that day, hence the request for adjournment. Hearing was then adjourned.

Since the plaintiff had boasted that he and his attorney had devised a strategy to bring him down from United States to waste his time and money, and sensing that the claim by plaintiff’s attorney may be bogus, Mr. Ezekwenna instructed his attorney to travel to Court of Appeal, Benin to investigate.

The defendant’s attorney did travel to Court of Appeal, Benin and applied for the certified true copies of the lawyers’ and course lists for that day which showed that the Suit No C/67/2000: Chief E. O. Ezeghalike Vs. L. C. Odenmigie never came up before that court on that day, also a careful perusal of the list of lawyers of that particular day May 20, 2005 it was found out that the name counsel to the plaintiff was not in that court on that day.

After a thorough investigation at the Court of Appeal Registry, Benin, it was discovered that there was no case as C/67/2000: Chief E. O. Ezeghalike Vs. L. C. Odenmigie filed in the Court of Appeal, Benin, Edo State and that the Suit No C/67/2000 was a lower court Suit Number, not an Appeal Court Suit Number. It then became clear that plaintiff’s attorney had filed false, misleading and bogus instrument and claims to the court.

The defendant lodged complaint before the court. The defendant also petitioned The Nigeria Bar Association which investigated the complaint, established the false claims by the plaintiff’ attorney and referred the matter to the Nigerian Body of Benchers for disciplinary action.

Determined to challenge, raise awareness and put a stop to Africans trafficking in humans and gross abuse of the victims at the grassroots, the US-based abolitionist, Mr. Ezekwenna had traveled to Ogidi Court in the hinterland of Nigeria 3 times to defend the suit and pursue the cause.

The plaintiff called about 3 witnessed. The defendant had 6 witnesses but due to intimidation, only 4 testified in court.

This case has a lot of implication in the battle against human trafficking. This is probably the 1st time human trafficking syndicate is suing abolitionist in Nigeria court claiming libel and huge amount in damages. Most governments and NGOs do not have a clear strategy to confront human trafficking in African countries and this case could set the pace. The suit is closely watched by governments, global anti-trafficking-in-person networks, the media and general public.

The defendant, Mr. Ezekwenna had maintained that the suit is frivolous, has no merit, clear abuse of process of the court, intended to intimidate and harass him and other activists pursuing global war against human trafficking.

The suit had dragged under Justice Chinwe Amaechi’s court until Justice J. Ifeanyi Nweze took over and warned that he will not tolerate any delay tactics and, or witness intimidation.

Africans In America Foundation (AIAF) Nigeria is in the process of opening a base in Anambra State and will in partnership with governments, other NGOs, communities and concerned individuals use victims’ case studies developed in United States to raise grassroot awareness on the global problems of human trafficking.

Representing the plaintiff is Barrister Andrew Uzuagu (aka, Andy Uzuagu), while Barrister Titus C. Eze represents the defendant.