Ugwuonye motion to oppose subpoenas - NigerianMuse

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Case 8:09-cv-00658-PJM Document 37 Filed 06/09/2009 Page 8 of 10 Aluko’s political or activist purposes, having admitted in his pleadings that he is significantly involved in political activities in Nigeria. 7. It is actually not about the contents of the documents in question, but rather the method by which they are procured. It is a matter of serious ramifications that documents belonging to the Nigerian Government are procured by an individual who does not have any legitimate purpose in obtaining them, and through the court of a foreign nation. 8. The international system recognizes the principles of comity among nations, under which countries accord reasonable respect and accommodation to sister countries regardless of the technicalities of their domestic laws. The strength of this practice can be demonstrated by posing the hypothetical question: How would it sound that a Nigerian High Court issued a subpoena commanding the release or disclosure of private documents of the United States or the United States Embassy in Lagos, Nigeria This is almost unthinkable. At least even if that were to happen, it is a matter the court must have weighed heavily on the scale of logic, reason, substantive justice and mutual respect of nations. This Court should avoid reaching lightly this question which bears significant implications for international law and foreign relations of the United States. 9. The Nigerian Government is not a party to this case, and there is neither a waiver nor an exception under the rules to justify these subpoenas. 10. This Court has the discretion to quash these subpoenas and must exercise it in favor of quashing. Tiberia v. CIGNA Ins. Co. In all matters in which the discretion of this Court is called into play, the Court must balance the equities at stake, review the conducts of the parties before it, and then reach a decision that best advances the cause of justice without
Case 8:09-cv-00658-PJM Document 37 Filed 06/09/2009 Page 9 of 10 unduly burdening commonsense or creating precedents for unintended, but clearly foreseeable, future events. 11. Also, this motion calls into question once again the motives and good faith of both the defendant and his counsel, Mr. Mark Sobo (a/k/a Muyiwa Sobo). On May 25, 2009, Mr. Sobo filed a motion for attorney’s fees in this case, arguing in effect that this case is frivolous and that the defendant had incurred costs defending a case that should never have been filed. Yet, nine (9) days after his motion, the same defendant and his counsel issued subpoenas to five non-party corporate entities seeking to inspect and copy documents and proposing five (5) different days to visit the various locations for the purpose of inspecting and copying the documents. Assuming that Mr. Sobo had complied with the rules of procedure, he would have had to incur the cost of serving five (5) subpoenas on four (4) entities located in four (4) different offices in three cities. Paid at his usual hourly rate of $250.00, attorney time dedicated to these subpoenas could be more than the entire time spent on this case up to the time Mr. Sobo filed his motion for attorney’s fees. Something in the defendant’s statements to this Court simply does not add up, and the Court must take notice thereof. 12. This whole bizarre drama over subpoenas puts the lie squarely on defendant’s claim for attorney’s fee as well as his claim that this is a frivolous case. It is all a wanton abuse of the court process and it demonstrates the characteristic sense of impunity. Apparently, Mr. Sobo personally served the subpoenas contrary to law and the standards of the legal profession. The court must take judiciary notice of the contradictions in the defendant’s pleadings and statements taken as a whole on the one hand, and the actions of the defendant and his counsel on the other hand. It is also noteworthy that in the defendant’s miscaptioned reply to the plaintiff’s response to his motion for sanctions, the
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Ugwuonye motion to oppose subpoenas - NigerianMuse

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