Statement By Emeka Ugwuonye, Esquire, Regarding an Order of Default Against ECU Associates, PC.
April 23, 2013
Regarding an order of default made against the corporate name, ECU Associates, PC, in the above case, the following statement applies, just for the purpose of clarification of any confusion that may exist thereabout.
First and foremost, it was not really an order against me. And the use of the word “stolen” was carefully and deliberately placed in parenthesis because it is a false. It just the mischievous objective of suggesting that there was a wrongdoing.
First and foremost, it was not really an order against me. And the use of the word “stolen” was carefully and deliberately placed in parenthesis because it is a false. It just the mischievous objective of suggesting that there was a wrongdoing.
The lawsuit filed by the Embassy of Nigeria, Washington, was filed against five defendants, as follows: (a) Emeka Ugwuonye, (b) Bruce Fein (c) Marvin E. Perlis; as individuals, (d) ECU Associates, PC and (e) Eculaw Group, as corporate entities and /or partnerships.
Prior to the filing of this lawsuit the Charter of ECU Associates, PC was forfeited and hence ECU was in an inactive status and ought not to have been sued in that name. In view of that fact, the status of ECU Associates as a party to this lawsuit was automatically in issue. I moved for a summary judgment to remove both ECU Associates and ECULAW as parties to the lawsuit. The Embassy lawyers argued otherwise. In the end, we got to a mid-point outcome on the matter. The Court dropped ECULAW, but retained ECU Associates.
At that point, we had a technical situation. ECU Associates had no further legal existence and yet remained a party to the suit. For whatever it was worth, my decision was to move forward with the court’s position as regards the party-status of ECU Associates, as that decision could not be challenged by way of an interlocutory appeal. It now can be challenged because we have a final order regarding ECU Associates.
The decision to retain ECU Associates, PC as a party in the lawsuit despite its defunct corporate status meant that a default judgment against the non-existent entity would be inevitable. The reason is obvious, a non-existent corporate entity cannot hire a lawyer to defend itself. It cannot do anything at all. And this was in addition to other grounds advanced in the documents filed in court on the point.
As ECU Associates could not defend itself, having been since dead, the court was faced with a default order. A default order is not an order on the merits. It is not based on who is right or wrong as per the evidence or facts of the case. So, the real status of the money in dispute between the Embassy of Nigeria and Emeka Ugwuonye is still yet to be decided by the court. Also, the court has not decided the counter claim of over 2 million dollars I filed against the Government of Nigeria. The case continues among the real parties.
What would be the next step for me? I am defending this case and the other cases between the Government and me. Also, I am prosecuting at least one major case against the Government of Nigeria. Today’s decision is a technicality. And one technicality begets another technicality. So, an appropriate measure would be taken soon in response.
One thing I must stress is that there is no cause for alarm. I certainly do not feel any, in view of the procedural history of the case and certain unique facts. Obviously, this case has pitted me against the friends of Ambassador Adefuye. It is natural that they would rejoice at this and may even call it victory. In fact, there have been reports in the obvious blogs on this matter, which all failed to share the real truth of the matter with the public. But it is only a pyrrhic victory for my opponents.
Thank you
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