Ugwuonye motion to oppose subpoenas - NigerianMuse

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Case 8:09-cv-00658-PJM Document 37 Filed 06/09/2009 Page 2 of 10 1. On April 17, 2009, Defendant Aluko filed a motion to dismiss under Rule 12(b), and that motion also challenging the subject matter jurisdiction of this Court. 2. On May 21, 2009, the plaintiff filed a notice of dismissal under Rule 41(a)(1)(i). 3. On June 3, 2009, Defendant Aluko served the above-named non-parties to this case with subpoenas issued by this court commanding them to produce and permit inspection and copying of “all closing and settlement documents on the conveyance of the properties” of the Nigerian Government between the Nigerian Government and certain persons. 4. Service of the subpoenas did not comply with the requirement of Rule 45(b)(1) that a subpoena should not be served by a party in the underlying suit. That requirement also precludes the attorney to a party from serving the subpoena. All available indications show that the subpoenas in issue were served by Mr. Muyiwa Sobo, attorney to a party in this case, himself. Without any affidavit of service on record, it cannot be verified that Mr. Sobo complied with the applicable rules on the service of a subpoena. 5. The above documents and information with respect to which the defendant has requested production and inspection are privileged, private or otherwise protected documents which belong to the Government of the Federal Republic of Nigeria. 6. Further, based on the motions filed or pending before this Court, the posture of the case of Defendant Aluko is that it has either terminated or will be terminated as a matter of law. As a result, it is inconceivable that these subpoenas are intended to serve any purpose related to this case. 7. Even if the case of Aluko has not or is not due to be terminated by this Court, given the facts in issue in this case, these documents serve no probative value whatsoever. Even if any probative value could be articulated, it is outweighed by the propaganda effect upon the Nigerian
Case 8:09-cv-00658-PJM Document 37 Filed 06/09/2009 Page 3 of 10 Government which such documents could inflict upon the Government of Nigeria. 8. Defendant Aluko’s motive for seeking these documents even after he had contended that this court lacks jurisdiction and after plaintiff’s notice of dismissal is simply to have in his possession documents he believes might embarrass the Government of Nigeria particularly as to the method by which they are obtained. 9. Nigeria is a sovereign nation and deserves special consideration and treatment by the courts of the land, regardless of the technical letters of the law. 10. Prior to filing this motion, the undersigned counsel attempted to confer with defendant’s counsel concerning these matters. While the undersigned counsel was able to speak with Mr. Walter Blair, one of the attorneys for the defendant, on the telephone, both sides could not agree on anything. RELIEF PRAYED FOR ON THE BASIS of the foregoing and the Memorandum of law attached, The Federal Republic of Nigeria prays this Court to quash the above listed subpoenas and to make such other order as the Court may deem fit in the circumstance. Respectfully submitted, By: ____________/s/______________________ Ephraim Ugwuonye: (Bar No. 14956) ECU ASSOCIATES, P.C. 850 Sligo Avenue, Suite 400 Silver Spring, Maryland 20910 Phone: (301) 588-9315 Facsimile: (301) 588-9318 eu@eculaw.com For the Government of Nigeria
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Ugwuonye motion to oppose subpoenas - NigerianMuse

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