United States-based abolitionist trounce Nigeria-based human trafficking syndicate in court

Africans In America News Watch, New York
Special report

New York, September 21, 2007—United States-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 has won a landmark court victory over a Nigeria-based human trafficking syndicate in a Nigerian court.

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.

An Ogidi high court in Anambra State, Nigeria presided over by Hon. Justice J. Ifeanyi Nweze has dismissed all charges in the civil suit filed by Mr. Anthony Ezeonu from Awuda Community, Nnobi town.

Mr. Anthony Ezeonu instituted the libel suite against Mr. Ezekwenna claiming N500 million (equivalent of about $4 million US Dollars) in damages.

Mr. Anthony Ezeonu, a local business man in rural Nnobi town had on November 2004 filed the civil suit claiming that the US-based human rights activist defamed and libeled him when he (Mr. Ezekwenna) complained to the Awuda Community in Nnobi that he (Mr. Ezeonu) and his group plotted to assassinate him in the past for criticizing their trafficking young girls into United States for economic exploitation.

Mr. Ezekwenna, in the compliant also stated that Mr. Ezeonu and his group had plotted to make the attack appear as armed robbery operation.

Mr. Ezekwenna had complained to the Awuda Community in compliance with its standing rule requiring indigenes of the community to report disputes with fellow indigene to the community leadership before taking any civil action. Mr. Ezekwenna and Mr. Ezeonu 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; and it worked because the Awuda community put discussion on the petition on hold until the resolution of the suit in court.

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 at least 3 times to defend the suit to logical conclusion and pursue his cause.

In his defense, Mr. Ezekwenna referenced several adjudicated cases of child trafficking which the syndicate had perpetrated between Nigeria and United States, as well as detail of Mr. Anthony Ezeonu’s many roles in the human trafficking chain preying on the economically disadvantaged families in poor villages and urban areas. Included in the roles were specific instructions from the human trafficking syndicates based in New York which Mr. Ezeonu carried out in various places in Nigeria.

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

The plaintiff (Mr. Ezeonu) called about 3 witnesses, while the defendant (Mr. Ezekwenna) had written testimony of 6 witnesses, but due to intimidation, only 4 testified in court.

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

While delivering judgment, Judge Nweze dismissed the suit for lack of merit and base with a cost of N15,000.00 (equivalent of $120.00 US Dollars) against the plaintiff, Mr. Anthony Ezeonu.

The case was closely watched by governments, global anti-trafficking-in-person networks, the media and the community.

Present in court to receive the judgment were representative of Mrs. Ijeoma Okoronkwo, the Zonal Coordinator of National Agency for the Prohibition of Traffic in Persons (NAPTIP) in the eastern part of Nigeria. NAPTIP is the federal government agency coordinating Nigerian effort to stop human trafficking. Also present were Anambra State government personnel, Mrs. Rose Ezennejiego, NAPTIP Desk Officer at Anambra State Ministry of Women Affairs and Social Development representing the Commissioner Dr. Ego Uzo Ezie, representatives of Africans In America Foundation including Miss Chinwe Achusim who is the Acting Director of Media, Community Awareness and Fundraising, contingent of human rights lawyers, community leaders, local, national and international news media.

The case which had dragged on for close to 3 years was characterized by some interesting intrigues, including boasting by the plaintiff that he and his attorney had devised strategies to make the defendant suffer a lot of loss by using delay tactics to prolong and frustrate the case, and by bringing him (the defendant) 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 and frustrate the case.

On 20/5/05, when this case was slated for hearing, it was discovered that the counsel to the plaintiff had a day earlier 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. Defendant did travel from the United States to be in court, but hearing was then adjourned because of absence of plaintiff’s counsel.

Since the plaintiff had boasted that he and his attorney had devised strategies 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 who had traveled from his New York base for the hearing 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.

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.

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 such a huge amount of money in damages.

One of the key objectives of Africans In America, Inc. headed by Mr. Ezekwenna 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.

Mr. Ezekwenna is also currently establishing Africans In America Foundation (AIAF) in Nigeria which will, in partnership with governments, other NGOs, communities and concerned individuals use victims’ case studies developed in United States and Nigeria to raise grassroots’ awareness on the global problems of human trafficking.

Most governments and NGOs do not have clear strategy to confront human trafficking in African countries and this first major court victory for US-based abolitionist and human rights activist could surely embolden others and set the pace.