US Firm, General Electric, Accuses Nigerian Judiciary of Corruption in US Court

By SaharaReporters, New York

General Electric, a United States based Multinational Corporation with a strong presence in Nigeria and enjoying the patronage of the federal government in the oil and gas sector, has accused the country’s judiciary of understaffing, inefficiency and corruption.

In its Motion for Summary Disposition of a petition before a Detroit, Michigan Circuit Court, to recognize a Nigeria money Judgment which was filed against it by Q Oil Services Nigeria Ltd, another Nigerian Company, General Electric International Company urged the US Court not to recognize the Nigerian judgment because the Judgment “was rendered under a Judicial System that does not provide impartial Tribunals or procedures compatible with the requirements of due process of law”.  

In its submission to the court on why the Nigerian judgment must not be recognized in the US, the General Electric relies on the US State Department’s country’s Report on Nigeria for 2012 which contains the following findings about the Nigerian judicial system: “Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches and the business sector.

Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, underfunding, inefficiency, and corruption continued to prevent the judiciary from functioning adequately. Judges frequently failed to appear for trials, often because they were pursuing other sources of income and sometimes because of threats against them. In addition court officials often lacked the proper equipment, training, and motivation to perform their duties, with lack of motivation primarily due to inadequate compensation. During the year Supreme Court judges called for a more independent judiciary”.  
A part of the State Department’s description of the prevailing atmosphere in Nigeria further reads, “On August 18, the National Judicial Council (NJC) suspended the president of the Court of Appeal, Justice Ayo Isa Salami, after he refused the NJC's directive to apologize to the NJC and the chief justice of Nigeria, Justice Aloysius Katsina-Alu. Salanii had accused Katsina-Alu of interfering in the proceedings of the 2007 Sokoto State gubernatorial court case.

 

In an attempt to settle the dispute, the NJC set up three panels to investigate the disagreement. The panels declared neither justice was at fault, declared the issue resolved, and requested that Salami apologize to the NJC and Katsina-Alu. The Nigerian Bar Association reached contrary findings, and Salami refused to apologize. After the NJC suspended Salami, President Jonathan used his constitutional authority to recommend the compulsory retirement of Salami and appointed Justice Dalhatu Adamu as acting president of the Court of Appeals. The case raised questions regarding the partisan nature and level of independence within the judiciary. Salami appealed the ruling, and the court case continued at year's end”.

According to General Electric, the US State Department’s findings on Nigeria are consistent with a similar finding in the Liberian Courts for the same year, which a US Court of Appeals had relied upon to refuse recognition to a Liberian Judgment in the US.

“The court found the Country Reports reliable because the Reports are submitted annually, and are therefore investigated in a timely manner. They are prepared by area specialists at the State Department."  Based on the State Department's findings, the judgment of the Nigerian court is unenforceable in Michigan, GE argued.

In addition, GE also urged the US Court not to recognize the judgment because it was “rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment, or the specific proceeding in the foreign court leading to the judgment was not compatible with due process of law." Accusing the presiding Justice of a  High Court of Rivers State of possible bias in the proceedings, GE stated that “the Nigerian trial court's September 29, 2010 default Judgment granted Q Oil's claim for declaratory relief claims and all of the damages it sought, including $5,000,000 USD in supposed "general" damages, without a shred of evidence, and without a formal trial, contrary to Nigerian law and public policy”.

Finally, GE prays the Court to dismiss the petition for recognition or in the event the Court does not dismiss the complaint, to enter an order staying the proceedings until the conclusion of all appeals in Nigeria.

The Plaintiff, Q Oil and Gas Services Nigeria Limited had asked the US Court to "recognize"  a Nigerian Court Judgment in the sum of $5.5 million entered against Defendant GE International Operations, Nigeria Ltd, pursuant to the Michigan Uniform Foreign Country Money Judgments Recognition Act of 2008 ("UFCMJRA").  
Q Oil and Gas Services is expected to file its response to the allegations this week.

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INsultsss

Granted,their claim about judiciary and jugements delivered in Nigeria is correct. But if that jugement had been in their favor, you will not hear this rubbish. Nigerians tend to think that this generation of oyinbos are different from those that colonised us invading us and our resources.

You know say na when blind man bites a piece of pepper from the soup e dey complain, but when e get small small pieces of fish, no complain. GE should hide their head in shame. How did they land the contract? Was the process transparent and due diligence applied?

Thinking

Comity is a legal doctrine of reciprocity by which courts of one country recognize and enforce judgments issued by courts of other countries. Whether the Nigerian Judiciary has a reputation for corruption should be irrelevant to this particular case. What G.E. lawyers should be arguing is not whether the Nigerian judiciary is presumed to be corrupt but whether in this specific case the judgment was obtained by corruption and/or by lack of due process. If G.E. was properly served with the court papers in Nigeria and it refused or failed to appear in court, which seems the case here because the judgment was by default, then it has absolutely no legal grounds to challenge the judgment now. After defaulting, G.E., may only challenge the dollar amount and not the judgment. G.E. will settle this case with the plaintiff after their lawyers have made their money.

Na oyibo man go tell me say my mama soup no sweet?

@kool, toby and tundemess, u guys should be ashamed of yourselves! Was it not the same rotten Judiciary in 9ja which dashed ACN their socalled victory in Osun and Ekiti state respectively? Let ACN reject the verdict of the Salami led appeal court 4 us 2 see-or give victory back to PDP! The matter is that simple-sad to have u see our judicary as the most corrupt only when court decisions do not favor Bakare, tinubu and Buhari. The same court which was hailed as the best when Tinubu was discharged and acquitted of all the thievery allegations brought against him? There is corruption in China, USA, and Britain-but they do not use or see the ills of their society as the only point of attack against their leaders. Corruption is not oure trouble-patriotism is! That is why we must split along tribal lines-no matter what

What Do You Expect From Wig Head Ogboni Judges?

The Nigerian Judiciary lost it's importance since 1960 when the British left the sham Republic to the people of Nigeria. The only thing that will bring change to the Nigerian Judiciary is hang all the Judges and replaced them with a new class of new breeds. The new breeds should be taught ethics in schools and government. People should give a good accounts of their wealth and taxes paid on their earnings. Nobody is allow to deposit a large sum of money in a bank account without giving the source of the money. Law Enforcement has to investigate the accuracy of the source of income of the individuals. Armed Robbers deposit large sum of their loots without questions been asked about the sources of income and businesses. Nigerians, wise-up.

JUDGES

JUDGES THE LAST GROUP OF HONEST CIVIL SERVANT HAVE TURNED ROGUE AND NIGGA THAT IS A BAD RAP. WHEN A JUDGE THAT WENT TO LAW SCHOOL IN UK , ENDS ACTING LIKE A THIEF FROM BALOGUN. NO INTEGRITY, NO RESPECT FOR THE LAW JUST EAGER TO TAKE BRIBE AND HAND DOWN THE WRONG JUDGEMENT THEN YOU NO WE ARE IN TROUBLE!

Your Future is in Your Hands

I have come to realize that complaining and paying attention to the negatives in Nigeria will take us no where. Let’s relegate these Government parasites to the background and take charge of our own future.

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Who is opportunistic in this case.

It is not GE but the Nigerian company that is opportunistic in this case. If they have won the case in Nigeria why rush to an American court for approval? Obviously, you expect a good American attorney to throw everything at the case including the well documented monied Nigeria judiciary. The Ibori case is a good example of how we run a legal-political court system. GE is right, Nigeria is no place for justice.

Sahara Reporters plz call Justice A. Ibrahim to Order

Sahara Reporters plz kindly come to my help, am a poor Nigerian that was treated badly by one of these so-called foreign oil companies here in Delta state Nigeria. I went to the National Industrial Court Lagos and sued both companies. The case was transfered to the closest jurisdiction which is National Industrial Industrial Court Enugu. Justice A. Ibrahim has turn to what I cannot explain, he kept adjoining d cases since July 10th 2012 which his fixed for judgement till date without no reason waiting for bribe, even his body language in d court has become so obvious. Plz help me in any way u can SR.

GEJ has transformed our Judiciary!

GEJ has transformed Judiciary. As for GOVERNANCE, he will create wealth, ANINI STYLE (is it Anenih) for his people whilst increasing general poverty for US and our posterity!

A lawyer defending a man accused of burglary tried this creative defense: "My client merely inserted his arm into the window and removed a few trifling articles. His arm is not himself, and I fail to see how you can punish the whole individual for an offense committed by his limb." "Well put," the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment. He can accompany it or not, as he chooses."

The defendant smiled. With his lawyer's assistance he detached his artificial limb, laid it on the bench, and walked out.

With Nigeria, defendant lawyer is Adoke, Judge is the powerless people of Nigeria. As for the thief, make your guess. This may vary from state to state, Minisry to Ministry.

How can GE be contesting the

How can GE be contesting the reliability of the judiciary and in the same breathe be asking for a stay pending when appeals in the same judiciary are concluded. They need to make their stance clear. What sort of defense lawyers do they have, making such a weak argument. Even my 4 year old will refute it.

How can GE be contesting the

How can GE be contesting the reliability of the judiciary and in the same breathe be asking for a stay pending when appeals in the same judiciary are concluded. They need to make their stance clear. What sort of defense lawyers do they have, making such a weak argument. Even my 4 year old will refute it.

Sick Deri

Deri, I am from the SS but I think you are a very sick person...This is not the way to move the country fwd. Calling a spade one when you see it is not being un-patriotic. In fact, it is just the opposite. I have read your threads here and I do not know whether you have a soul.

Deri why?

deri I doubt if you re called into the Nigerian Bar, may be you had Diploma in law or a drop out, and if you re really one, you are a charge and bail lawyer, be careful the way you respond to issues.

NIGERIA JUSTICE SYSTEM IS HORRIBLY CORRUPT

There are barometers to measure corruption all over the world. Once a regular employee spends more than what he officially earns then corrupt has manifested. Look at out Judges and justices, are they not as reach as some Arabian oil sheiks? We should all stop pretending, seek for justice in any case in this accursed nation state if you will not spend several of your precious years awaiting the elusive justice except you are willing to play the bribery ball. Our country needs a new birth. We are trapped!

we can bury our heads in the

we can bury our heads in the sand and refuse to see out judiciary for what it is: a cesspit of corruption. Ever wondered why all of a sudden people are going abroad to seek justice? Access bank just went after Ubah in london and got an order against his assets all over the world. Why, cos they dont trust the judiciary here. So many divorce cases in nigeria are being outsourced to british and American courts. In thisday newspaper of today, another company Moreno got relief against Bayelsa state govt at an arbitration siting in London. Soon, all our lawyers will be justice and that is when we'll pull our heads hopefully out of the sand and deal with what is a national problem and disgrace.
nothing works here anymore.

IF ADOKE MOHAMMED CAN FREE BABANGIDA

If Adoke Mohammed can free Babangida from 12.5 billion theft. then you can see islamic justice in Nigeria. He is a thief like Babangida, and he is not qualified to be a lawyer in any decent and civilized country.

YOUR ATTORNEY GENERAL IS MOHAMMED

Nigerians cannot get jutice because attorney general is mohammed.
2. Our judges are as corrupt as Mohammed.
3.Nigerian can only get justice if all of you can fight JIHAD
4. You can get justice if you can be terorrists as Mohammed authorized
5. You must be northern muslims to get justice, islamic justice that allows you to kill with impunity.That is why no member of Boko Haram ever go to trial. They are Mohammed boys.
7. You must be a thief like Mohammed in order to live successfully in Nigeria.
8. The name, Mohammed is a curse. No good things can come from the name.

EDERI

Deri, you are a disgrace. I now see why so many people write against you. For you to be in support of the corruption going on in Nigeria, you have shown you are one of them or you are getting the crumbs from the table. I prefer to wash what you call toilet overseas (honest work) than engage in corruption like you. For your information there are so many of us overseas that are well placed in our places of work; where hard work is valued. That you did not have the opportunity to go overseas should not make you jealous. Or maybe you came here and got deported.

Foreign Pig

Hey Deri, let me tune you into something my friend. The US will no longer need your oil by 2020 and then you can deal with all the little chinese people who are anxious to suck this country dry of all your resources. Enjoy dealing with them! When you have to speak mandarin in order to get a job in your own country, you'll be begging to lick the toilets clean in the US....

There is a well founded fair

There is a well founded fair as to the reason why nigerians court lack merit on the basis of incompetence,and the executive branch, meddling in the affairs of the court. All these constitutes fear and enrolled the confidence of individual citizen on the judgment of nigerian judicial system.

Judiciary corrupt

That nigeria judiciary is corrupt is no news, Its a well known fact. The cases ACN got via salami where very fraudulent. We just didn't mind cos we were all tired of PDP or we thought PDP where the only bad guys. Now we know better. This is the truth it has nothing to do with blind patriotism. I read in the dailies that Babalakin got a restraining order against the EFCC frm arresting investigating or arraign him. Only a corrupt judge will give an order like that. And they re a dozen for a dime in d nigeria judiciary.

Nigerian Judiciary-Den of thieves

i happened to go to the High court in Nigeria to attempt to sought out my mothers shares she left years after she died. What a circus, but I had time on my hands. Bribery is part and parcel of life in Nigeria,it is expected as some sort of entitlement. From the security guard to the clerk and Judges, nothing gets done except you pay the piper. I refused to bribe, and guess what? Nothing got accomplished. Anyway, if this Jonathan the Presdiednt of Nigeria was educated in enlightened schools and not under the poor conditions that exist in nigeria, maybe he would have achieved something. Even if he cannot improve electricity, roads, water delivery, healthcare, at least he could put a dent on this attitude of corruption everywhere you look. GE is right, cases involving money are compromised by greedy Judges, even a minority who try are removed in the end.

@Deri

Deri, you are very funny. This is why we don't grow. We don't tell ourselves the truth. Our judiciary is very corrupted. Am a lawyer and I know what am telling you. You need to see these judges in action, then, maybe then, you will cry for Nigeria.

Shame on you Deri !!!

"Sadly some of us have become so stupid, we would rather wash toilets and dead bodies abroad than sing the song of patriotism when confronted with such soul depressing stories about our judiciary". (Deri)

@Deri ... what an amazing self-confession. I wonder who are the "us" if not the members of your "eweku ewele praise band". Indeed you are so stupid that you equate your "eweku ewele" chorus with patroitism.

At least those washing toilets and dead bodies abroad return home daily with no guilty stain of corruption on their consciences. They can afford a sound rest and enjoy perfect peace rather than you that is restless, trawling over SR and other internet sites day and night to survive. These ones can afford decent meals abroad rather than you struggling to pick crumbs from Aso Rock's dining table. Shame on you Deri.

DERI IS DEAD!

Readers and writers of comments on this line must have known who DERI is. Fairly DERI is either Jonathan's Anus or Nose. He sees nothing wrong with Jonathan's wrong doings no matter what such might cause to his rule. He even recommends what he (Jonathan)himself condemnes in trying to defend the government. Therefore, from the look of things this DERI has died already since he's not abreast with the momentous reality.

An opportunistic and self serving position by GE

This may be GE's position but it should not be accepted as a carte blanche assessment of the judiciary in Nigeria. The response to GE should be this? Have they ever relied on Courts in Nigeria when doing business in Nigeria and recognised rulings and decisions by Courts in Nigeria in their favour if they have in the past then that should be used to rebut their position in this suit. Furthermore should the Nigerian Embassy rather than just be folding its hands should be filing a brief as soon as it is expedient that is an amicus curiae in intervening in this suit by rebutting the position of GE.

this is no more country

When the law of the land is been questioned by other countries for lack of integrity and to think that this foreign companies do business and make profit in this same country... Very sad

JUDICIARY

E don finish.......Overtake don overtake...Tribute to ABAMI EDA FELA ANIKULAPO KUTI. Oya over to you Jonathan, one wonder why Nigeria and the world rise up to fight that you should be installed as niga presi on the death of Yaradua, honestly GEJ should least benefited from judiaciary abracadabra. BaBA salami sorry o, y are a victim of presido. our last hope is messed up in yankee, i cried for my fellow country men

This from one of the most

This from one of the most corrupt blood stained companies on the planet.
We have more than wiki-leaks these days people.
Spend some time and see for yourselves the corrupt giant who has made corruption a business art.
HYPOCRITES.
Maybe they can go to congo and tell them that.
Nigerians have been to school and we know what these firms have done and are still doing.
Damm cheek,e no go better for dem mama papa grandpapa grandmama.
OYINBO OSHI

Interesting legal/judicial development!

This is an interesting case because it borders on State Sovereignty. Hence, a court in one nation cannot play any supervisory role over the decision taken by a court in another foreign nation. The reason is that no court can issue a writ of certiorari to a foreign court if there is no traditional or established judicial hierarchy linking both courts, ie, the US court is not an appellate court over the Nigerian court. This is the logjam in this case. The only thing the American court would do is to order a retrial of the case in the US. But should that happen, where are the evidence for pursuing a fresh trial? Ostensibly, some of the evidence would be in Nigeria! Would the Nigerian judiciary agree to release these evidence to the US court? We shall see. As far as the US court is concerned, all the publications about corrupt practices in the Nigerian Judiciary are hearsay and cannot be admissible as evidence in the US court.

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