Odinkalu’s Odious Diatribe

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On 14/2/26, Chidi Anselem Odinkalu posted an article captioned “Fraudsters-In-Law; The Conspiracy Against Abia State.” In it, he fed the reading public with an odious diatribe concerning Uche Ihediwa and Chibuzo Aguocha. He claimed, inter alia, that the Attorney General of Abia State, Hon. Justice Uche Ihediwa (as he then was), failed to prosecute Paris Refund criminals despite a suggestion to that effect by Odetoyinbo J. (as he then was). He equally claimed that Hon. Justice Uche Ihediwa entered into a consent judgment with them wherein 5% of their fee was to be paid to his ally, Friday Chibuzo Aguocha, for his benefit.

‎I have tremendous respect for Odinkalu and his perceived moral crusade, but in this instance, he obviously goofed and went off the mark. His write-up was not fact-checked in line with the golden principle of journalism, and I think the proper thing to do is to place facts on both sides of the divide and draw his conclusion, while allowing the public to draw theirs too. As a Professor of Law, he woefully failed to give us a fair hearing despite the fact that he could have contacted the relevant parties whose names may be tainted, knowingly or unknowingly, by his article, unless he set out to do a hatchet job. Unlike Odinkalu, I will be mindful of the fact that the matter is sub judice and refrain from a media retrial.

‎In 2012, the Government of Abia State, led by Sen. T. A. Orji, entered into two (2) contracts with Ziplon Concept to recover its share of the Paris Refund from the Federal Government. The first contract put the consultancy fees at 15%, and 1% of the recovered sum was to be paid to the Ministry of Justice. The second contract put the consultancy fee at 24%. That Government also entered into another recovery contract over the Paris Refund with Mauritz Walton. The Governors’ Forum equally entered into a contract with Ned Nwoko for the same purpose. In 2018, the Government of Dr. Okezie Ikpeazu entered into a contract with Zilcon Higgs Int. Ltd. to recover money from the Federal Government.

‎In 2017, the Federal Government paid Abia N16,347,000,000, and these contractors separately claimed to be instrumental to the recovery of the said sum. Four of them dragged Abia State to court. Ned Nwoko later withdrew from the matter. For clarity, I shall deal with these cases and those by Zilcon Higgs Int. Ltd. seriatim.

‎1. SUIT NO. – FCT/HC/2470/2017

‎Between MAURITZ WALTON NIG. LTD. v. ABIA STATE GOVT.

‎This company filed this case to recover its fees at the same FCT High Court. It proceeded at a frenetic speed. When Uche Ihediwa SAN became the Attorney General in June 2019, he strenuously fought an obvious attempt by Mauritz Walton to obtain judgment against the State in this case.

‎It is important to note that the FCT High Court foreclosed the defence of the Defendants and adjourned for the adoption of the Claimant’s Written Address. Ihediwa rushed to the Court of Appeal, Abuja Division, with an application to stay proceedings, which was granted.

‎For this obstruction, Mauritz Walton wrote the petition referred to by Odinkalu but withdrew the same by a letter to the Governor dated 8/12/23, which Odinkalu suppressed in his diatribe.

‎2. SUIT NO. – FCT/HC/CV/0175/2017

‎Between ZIPLON CONCEPT v. GOVT. OF ABIA STATE & 2 ORS.

‎Mauritz Walton filed an application to be joined as a party in this suit. In refusing the application, Odetoyingbo J. (as he then was) opined obiter, that when four people claim to have done the same job, then there is an obvious crime. He advised Abia State to report the matter to the Police. The Attorney General then reviewed that advice and took a decision in the best interest of the State.

‎Under my watch, the issue of who recovered what was investigated by EFCC Enugu Zonal Command. Mauritz Walton and Ziplon can confirm that fact.

‎While this matter was in court, the Government of Abia State paid N100,000,000.00 to the Company as part payment of the debt, without the knowledge of the Attorney General at that time. In law, this part payment was an admission of debt, irrespective of the State’s claim that it was paid under a mistake of fact.

‎The Company subsequently approached the State Government with a new proposal. That Company retained the professional services of Chibuzo Aguocha, Esq., and not Abia State as alleged by Odinkalu (see letter from Ziplon to Chibuzo Aguocha dated 8/11/22). Odinkalu is challenged to produce a letter of instruction from the Government to Chibuzo Aguocha.

‎Ziplon informed the Government that they would recover more funds for Abia State. They wanted Government to agree to pay them the balance of what they were owed on the Paris Refund together with their fee on the new recovery. After negotiation, the Governor of Abia State approved the proposal (see letter dated 26/8/22). The parties then entered into the consent judgment with Ziplon Concept Nig. Ltd.

‎The agreement provided that if Ziplon Concept recovered any other money, they were to be paid the owed N3,923,301,694.19 as “agreed consultancy fees… subject to the terms below.”

‎The terms, which Odinkalu deliberately mischaracterized as retention fees, were that the sum of N830,000,000.00 and about $5.7 million should be deducted from their fee to offset the claim of Mauritz Walton if he succeeds in court. The Government was also expected to contribute the same sums. Five percent (5%) of their fee was to be paid to Chibuzo Aguocha, whom they retained.

‎The million-dollar question that should worry Odinkalu is whether Ziplon Concept Ltd. has recovered any money to warrant a recourse to the terms of settlement. The answer is a resounding NO.

‎Ziplon did not pay a dime to me for the four years I served as Attorney General. Odinkalu, or anyone, is challenged to prove the contrary. Odinkalu’s assertion that Ziplon had me in their pocket is strenuously challenged.

‎3. SUIT NO. – FHC/ABJ/CS/686/2022

Between (1) GOVT. OF ABIA STATE (2) ZILCON HIGGS INT. LTD. v. RMAFC & 2 ORS.

‎The records show that on 26/5/18, the Government of Abia State also entered into a recovery contract with this Company. They recovered N8,173,397,587.14 and took their commission upfront. They now sought to garnish the Abia State Government account for the money owed to Ziplon (as stated above).

‎They contend that Zilcon Higgs Int. Ltd. is a partner/consortium of Ziplon as provided in Clause 3 of the consent judgment. The Court would have to resolve whether Zilcon Higgs Int. Ltd. is a partner and/or in consortium with Ziplon, having regard to the meaning of both concepts.

‎I shall not venture further because, unlike Odinkalu, I know that matters that are sub judice should not be discussed in the media.

‎IN CONCLUSION:

‎1. Uche Ihediwa, as Attorney General of Abia State, did not allow a kobo to be paid to Ziplon, Mauritz Walton, or anybody who claimed to recover any money for Abia State during his tenure as Attorney General, i.e., 2019 to 2023. He did not receive any money from them. He was authorised to enter into the terms of settlement, which was then considered in the best interest of the State. Chibuzo Aguocha acted as attorney to Ziplon in the negotiation, and his fee is to be deducted from Ziplon’s fees if it materialises. He did not act as a front for Mr. Ihediwa, as unfortunately alleged by Odinkalu.

‎2. No money has been paid to Ziplon on account of the consent judgment and cannot be paid on account of a recovery of money by Zilcon Higgs Int. Ltd. Odinkalu and the lawyers should study the meaning of partner and consortium in company law and fight to protect Abia’s money. Chidi Odinkalu saw a petition by Mauritz Walton to the Governor of Abia State. He did not see the retraction and withdrawal of that petition dated 8/12/23 by Mauritz Walton.

‎3. It is unfortunate that our names are being destroyed and maligned without allowing us to be heard. Where is the doctrine of fair hearing before this odious diatribe? This reaction shows he did not even fact-check his information.

‎4. I remain ready to face any complaint made against me at any forum. I will leave him to his conscience. His piece adds to the list of hot air articles he has authored. People now gloss over his pieces because they are, at times, factually incorrect.

‎- Chief Uche C. Ihediwa, SAN


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SUNDAY ADEBAYO is a writer, Public relations practitioner, and a versatile Journalist with over 6,000 reports on a wide range of topics associated with the Nigerian society and the international community. Currently the Editor In Chief at Society Reporters. His passion is to deliver great and insightful news and analysis on topical issues and society happenstances.
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