EXCLUSIVE: Inside Nigeria’s legal battle with US over $8.6 million arms fund

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“I am very disturbed by the fact that you are now claiming ignorance of the fact that the funds belong to Nigeria,” reads a letter by Nigeria’s lawyer to his US counterpart.

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FILE PHOTO: A screengrab taken on May 12, 2014, from a video of Nigerian Islamist extremist group Boko Haram obtained by AFP shows girls, wearing the full-length hijab and praying The government also filed a criminal case against the owner of DCI, Ara Dolarian, charging him with violation of the Arms Export Control Act for engaging in arms brokering activities without a licence.At Premium Times, we firmly believe in the importance of high-quality journalism. Recognizing that not everyone can afford costly news subscriptions, we are dedicated to delivering meticulously researched, fact-checked news that remains freely accessible to all.

In June 2015, the US government applied to the US district court in Eastern California for an order of forfeiture of the funds. The court, on 29 January 2020, granted the request for a preliminary order of forfeiture. Court documents obtained by PREMIUM TIMES revealed that back-and-forth formal and informal communications between Mr Usude and the US government’s lawyers, particularly US Attorney Jeffery Spivak, went on for about two years, without Nigeria getting a clear coast to initiate the legal process in court for the recovery of the money.

Pleading with the court to grant the request, Mr Usude argued that Nigeria “is the bona fide owner of those funds” and “a victim of misrepresentation” and fraud. To Nigeria’s disappointment, the US, in its report filed on 20 July 2023, argued that there was a need to “conduct a discovery” before hearing the petition for an ancillary hearing.

Its lawyer, Mr Usude, said: “no discovery is necessary as he has provided all the requested documents to the United States, in addition to documents already held and sealed by the United States.” While reminding Mr Spivak of his duty to be ethical as a prosecutor, Mr Usude also noted that a Homeland Security Investigations agent, Jeffery Kiser, “filed an affidavit in support of the application for warrant seizure detailing the transfer of funds from the Nigerian government to Ara Dolarian, his attorney, his company and attached various contracts for supply of weapons.”

 

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