Nigerian court orders US based socialite to pay human right activist

Africans In America News Watch
Special Report

Mike Mbama Okiro Nigeria Inspector General of Police

New York, July 30, 2008--An Enugu State High Court presided over by Judge L. O. Okereke has ordered a New York-based kindergarten teacher, petty business woman and socialite, Mrs. Patricia Mekamkwe, to pay a New York-based human right activist, Mr. Bonaventure Ezekwenna $20,000.00 (USD) and N510,000.00 (Nigerian Naira) for breach of contract.

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 had instituted a civil suit after Mrs. Patricia Mekamkwe refused to pay him for services he had traveled from New York City to Enugu and executed, per her request.

According court documents obtained by Africans In America News Watch, Barrister C. I. Meze Esq. for Bonaventure Ezekwenna filed the suit on March 7, 2008.

Part of the court document stated that Mrs. Mekamkwe requested Mr. Ezekwenna to travel to Nigeria to assist her obtain some documents from Enugu Police Command, among other vital things in a case she was building against a couple she had claimed defrauded her to the sum of $66,000.00. Mrs. Mekamkwe contracted Mr. Ezekwenna because she did not want to travel to Nigeria fearing some of her former business partners which include a very senior police officer and a church pastor.

Mr. Ezekwenna traveled to Nigeria per requested and performed the requested services but the defendant refused to pay him, according to the court documents.

On March 17, 2008, Barrister Meze asked the court for leave to serve the court process outside Nigeria because the defendant lives in United States.

The judge directed Barrister Meze to file a written address that will address him on jurisdiction of the court to hear the claim as filed. The return date for adoption of the written address was fixed for April 14, 2008, and on that day, Barrister Meze was in court and the judge delivered his ruling assuming jurisdiction in the matter and ordered service of the court process by courier agency (DHL) to the defendant in New York, United States; and the matter was adjourned to June 16, 2008 for proof of service and for the defendant to appear.

April 14, 2008 to June 16, 2008 equals 63 days given to defendant to appear. The mandatory time given to defendant for service out of jurisdiction is 54 days minimum, but in this case the court gave 63 days.

The defendant received the Court process on April 21, 2008 as confirmed by DHL courier services.

On that 6/16/2008, Barrister Meze informed the court that he will file Motion on Notice for Judgment because the time (mandatory 54 days) given to defendant to appear have long elapsed but no appearance was entered by the defendant, and that he will serve same on the defendant using the same Courier Agency, the DHL. So the matter was subsequently adjourned to July 8, 2008 for Motion on Notice for Judgment.

Thereafter, Barrister Meze served the Motion on Notice through the DHL to the defendant and the defendant received the Court process on June 20, 2008.

From June 16, 2008 to July 8, 2008 equals additional 22 days.

However, our investigation revealed that the case did not end without some intrigues.

In early July 2008, Mr. Ezekwenna traveled to Nigeria and was in court with his witnesses including a Nigerian Investigative Police Officer (IPO) to adopt their written deposition on oath filed with other court process in accordance with the court rules.

Mrs. Patricia Mekamkwe (a/k/a Sister Pat) Chairlady, Igbo Catholic Community (ICC) Women’s Group, New York in September 2004 Later became customer and associate of ‘fraudulent, spiritual pastor and her husband’ in 2005 to 2007

But Judge Okereke informed Barrister Meze that one Barrister C. C. Ezekwem, wrote a letter to the Assistant Chief Registrar of the High Court and copied to the judge that he, Ezekwem, a lawyer, would like to appear in the matter, that the defendant called him on phone to appear for her.

The judge himself picked up the letter and read it and said, "this is a strange letter written on a piece of paper with no letterheading; what is this? I do not know what do with this letter". So Barrister Meze requested to be given the letter to see.

After reading the letter, Barrister Meze smelt something strange and argued fiercely that a handwritten letter by a lawyer who has not entered appearance in a matter cannot stop the process of the court, that if the lawyer wants to come into the matter he knows the proper procedure to follow. He argued that he has not been served any paper by any lawyer and that as far as we are concerned no lawyer has come into this case.

The judge turned to the clerk of the court and asked her; what did Barrister C. C. Ezekwem do when he brought the letter to the court? The court clerk informed the judge that the said lawyer C. C. Ezekwem did photocopies of all the documents in the court file. The judge asked the clerk whether Barrister Ezekwem knew about the court date and she said yes; that Barrister C. C. Ezekwem asked her when the matter was adjourned to, and she informed him (Barrister Ezekwem) who is not a counsel in the matter of the adjourned date, and that the adjourned date was written of the file which Barrister Ezekwem reviewed.

The said Ezekwem was not in court on the adjourned date and also did not file any court process by way of Memorandum of Appearance and counter affidavit in opposition to the motion, according to our investigation.

Yet, Judge L. O. Okereke accommodated Barrister Ezekwem who is never a counsel in the matter by not allowing Barrister Meze to move the Motion on Notice for Judgment despite his readiness to do so and despite his protest.

The case was adjourned severally after that, giving the defendant more times, a total of 105 days to enter appearance.

However, having exhausted all the due processes, on July 28, 2008 the Learned Judge, L. O. Okereke entered judgment in favor of the plaintiff and made the following Orders;
1. The Plaintiff, Mr. B. Ezekwenna is entitled to the sum of $20,000.00, or its Naira equivalent being the amount of the contract sum the defendant has failed to pay him.
2. N500,000.00 General Damages for spending 16 days in Nigeria on behalf of the Defendant
3. N10,000.00 cost.

The reason the attorney sent by the defendant wrote a letter to the court instead of entering appearance through the proper process, made photocopies of all the documents in the court file but never entered appearance despite ample time given by the Learned Judge was not clear at the moment.

Robert T. Johnson District Attorney of Bronx County New York, USA

Africans In America News Watch investigation have discovered some gaping holes in the story of Mrs. Patricia Mekamkwe that a couple (a church pastor and her husband) had defrauded her to the amount of $66,000.00. The status of her notarized petitions sent to the Presidents and law enforcement agencies of United States and Nigeria are not clear at the moment.

Africans In America News Watch investigation reveals that Mrs. Mekamkwe had in June 2007 alleged that the couple (Pastor and her husband) had conned and defrauded her starting October 2005 to June 2007, break down of which are sequentially detailed as follows:

Lincoln Navigator (1999 model) --------------------------------------$17,000.00

Shipping of the Lincoln Navigator (1999 model) to Nigeria--------------------$1,500.00

Clearing of the Lincoln Navigator (1999 model) at Nigerian port ------------$4,000.00

Religious items to bear male child and other spiritual works------$12,500.00

Construction of house at Schenectardy, New York -----------------$31,000.00

Total amount --------------------------------------------------------------$66,000.00

However, Africans In America News Watch investigation reveals that law enforcement agencies, especially, the Interpol Division and Enugu State Police Command of the Nigeria Police Force; and some law enforcement agencies in the United States, including the Bronx District Attorney Office may have some dossier of dubious activities and may be working on some, but detail of which are not so clear at the moment.

Nigeria and United States have growing collaborative agreements on criminal, law enforcement and judicial matters. Both governments share information and work together on crimes, law and order, security and law enforcement, among other issues.

Armed with discovery of numerous rots, lies, treachery, dishonesty, deceits and deceptions in her stories, Mr. Ezekwenna, a human right activist and firm believer in the Rule of Law stated that he “had wanted to put Mrs. Mekamkwe on the Witness Box under oath on very strict penalty of perjury and unmask her”.

However, Mr. Ezekwenna also stated that he intends “to put all bilateral agreements between United States and Nigeria on criminal, law enforcement, security and judicial matters to good test using this case”.

For detail background information on the lawsuit, click here