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Van Ostadestraat 270,
1073 TV Amsterdam,
The Netherlands.

14 July, 1999.

The President & Commander in Chief,
Federal Republic of Nigeria,
Presidential Villa,
Aso Rock
Federal Capital Territory,
Abuja, Nigeria.

Your Excellency,

I am a Nigerian citizen from Abia State, in which capacity and to the extent in which my right as a Nigerian has been infringed that I am lodging this petition. With recourse to the nascent life of your administration, it would not have been appropriate to saddle your Excellency with this kind of complaint as your hands will certainly be full at the moment with many pressing matters of the State. But I have to do this from the point of view of the bruised nature of my life arising from a wrathful repression to which I was subjected by the German authorities. More than anything else, I have been encouraged by your moves so far, particularly your avowed determination to protect Nigerians wherever they may be. That particular aspect of your policy pronouncement of being mindful of the fate of Nigerians abroad, would have provided a soothing relief to a whole lot of Nigerians overseas many of who have continued to experience all sorts of indignity for no more reason than the fact that they are Nigerians. My case represents one of the most recent proofs of stigma placed on Nigerians abroad and on the basis of which they become automatic suspects who should be clamped into prison at will, by various European Countries particularly Germany. Apart from outright humiliation, intimidation, brutality and subjugation, my whole life has been brought to a stifling disruption as a consequence of my arrest and imprisonment based on phantom charges. This is why I think it might as well fall within the scope of your current endeavour of redressing the injustices of the past to look into this case with a view to securing for me an appropriate reprieve. I am sure that responding to this issue will certainly help many Nigerians currently facing this kind of naked injustice, and will go a long way to forestalling such act in the future.

A. Background of my case

On 8 December 1995 I was returning from Austria to the Netherlands, my country of domicile, after a business trip. In the train I met a black lady who, excited as she was on apparently seeing a fellow black, quickly opened up a conversation, introducing herself as Ms Mary Afolaba from Edo state Nigeria. I then introduced myself as Mr. Anthony Obasi, a fellow countryman from Abia State. We got on well with our conversation during which, I told her that I was a businessman, running an Import & Export company, “Rene Obasi Export”, in the Netherlands, with my Indonesian Lady partner; and that indeed I had gone to Austria to purchase some buses for export to Africa. The lady quickly took interest, wondering why I should be going to the rather far away Austria when she knew of places in the nearby Germany where I could procure buses and cars even at cheaper rates. The manner in which she presented herself on the subject was quite convincing that we had to exchange telephone numbers. She then promised to get in touch with me as soon as she got hold of useful contacts.

Acting so swiftly as she did, I received from her, on 23 January 1996, a telephone call, informing me that she had got some contact in Ulm with a company that was disposing vehicles at good prices. We then agreed to meet on 27 January 1996 to carry out inspection. I arrived the German City on schedule, setting my mind to do good business. To my utter dismay, I was immediately accosted by security operatives, who pounced on me with brutal force, saying that they got a tip off that I was Sunny who was coming from the Netherlands to deliver some cocaine to one Mr. Jorg Bachustein. In a moment, they overwhelmed me, searching me thoroughly, in the end of which they could not find cocaine or any unlawful item on me. In denial, I presented them with my Nigerian citizenship passport bearing my name Anthony Okoro Obasi, and further explained my mission in Ulm. They rejected my explanation claiming that a fellow Nigerian, one Ms Mary Afolaba, gave them information about me. In that moment of desperation, it dawned on me that something was fishing because I could not imagine how someone who promised to help me with a place to make cheap purchases of buses and cars had all of a sudden turned to inform the Police that I was coming to Germany to deliver drugs.

B. Proving my Identity

I saw myself being arrested based on the claim by the police that I was Mr. Sunny. This happened even despite the fact that all of my other documents in my possession at the material time: Nigerian Drivers’ Licence, Resident Permit card issued by the Dutch Ministry of Justice, SNS Bank Pass and VSB Bank Pass, which they found on me, contained identity particulars including name that corresponded effectively with that in my Nigerian citizenship passport. Again, during the investigation, the police called up my personal data from the City Hall in Almere Netherlands where I was living with my partner at the time, which confirmed no variation in my identity information. In the course of the trial, my partner came from Netherlands as a witness and truly identified me as Anthony Okoro Obasi. Furthermore the thumb print in my passport as well as four passport photographs stacked in the passport as a result of issued visas were certified to be mine. Besides, the expert who examined my passport confirmed that it was not forged. Inspite of all these, I was still clamped into detention.

C. My trial

During my court trial, Ms Mary Afolaba truly was brought as a witness to testify against me. She told the court that she never bought cocaine from me, but that she was told by Mr.Jorg Bachustein that I, Sunny, brought some cocaine to him. She further said that she was not a cocaine dealer and could not identify the substance if shown. According to her, she was contracted by Mr. Jorg Bachustein to act as an interpreter between him and myself since I could not speak German and Mr.Bachustein unable to speak English. She also said that her role was just to order cocaine from Mr. Sunny via telephone and that each time this cocaine arrived, she was never present to witness its handing over, hence she never saw me face to face with cocaine. Mr.Bachustein she said, would later confirm the receipt of the substance to her. She cited one instance of having been informed by Mr. Bachustein that I brought cocaine to him on 25 March 1995.

The said Mr.Jorg Bachustein later appeared before the court as a witness. He told the court that he did not know me and never had anything to do with me not even the purchase of the cocaine in question. He refused to bear false witness against me and vehemently refused to be lured on the prosecution side. The Police had also during the investigation checked record of telephone calls placed and received by Mr. Bachustein to see whether there was any traces of telephone call exchange between two of us but found nothing.

On the relationship between him and Ms Mary Afolaba, Mr. Jorg Bachustein informed the court that both of them had been friends and were to get married so that she could get German residence permit. He said when it did not work out, Ms Afolaba became disappointed as a result of which she started planning some mischief. The lady he said made frantic effort to get him into drug trade which, he turned down and ever since then, she had tried all other means to set him up. He said he consequently severed relationship with her.

On Ms Afolaba’s claim to be a go-between, Mr. Bachustein found as intriguing how the lady could help him order for cocaine but could not be present to do the interpretation during the transaction. Would her interpretation, he wondered, not have been needed at that crucial moment the business would be taking place. He finally asked the court to dismiss the claims as simply frivolous and lacking merit in all particulars of truth

D. Suppression of Facts and Evidence

It became very apparent from the very moment Mr. Jorg Bachustein finished his submission that the whole trial, the whole courtroom, the whole place, was not set out to find out really the exact truth in my case. The following points will suffice.

1.    The court rejected Mr. Jorg Bachustein’s testimony on the ground that he was not under oath while testifying. But it is a well known practice in criminal proceeding that the duty to administer oath to a prosecution witness is that of the court, and that this practice normally takes place before the witness would testify.

2.    During her testimony, Ms. Mary Afolaba claimed that I delivered cocaine to Mr. Jorg Bachustein in Germany on 25 March, 1995, while on that very day I was in Nigeria. Proof of that was established by my passport which clearly showed that I left Nigeria to return to the Netherlands on 29 March 1995 by Sabena Airline arriving Brussels the following day. All the coupon tickets I used during this journey were retrieved from Nigeria and tendered in evidence, but the trial judge refused to admit them as exhibits.

3.    At another stage of the trial, Ms Mary Afolaba claimed to have seen me once in June 1995 in company of Mr. Jorg Bachustein and that I was carrying a mobile telephone, wearing a low hair-cut, and had an ear rings. Also she said I was 1.83 m tall and that I gave to her my company complimentary card with the name “RENE OBASI EXPORT”. She further said I was not with cocaine that day neither did we discuss anything of such. Contrary to all these, I never had mobile telephone until 10 October 1995 when I subscribed to the Netherlands PTT; the company that owned the business card she claimed to have received from me in June 1995 was registered with the Netherlands Chamber of Commerce on 7 July, 1995, and the card itself was printed in August 1995 by the Post Print Company based in Rotterdam Netherlands. As to my height, I am 1.75 m tall. I presented my ears for inspection at the court and they were certified not perforated, let alone wearing earring.

4.    While in police custody in Stuttgart, the police played back to me an alleged telephone conversation between me and Ms Mary Afolaba. In it, she was heard talking with another woman in Edo language. When I asked the police whether that was my voice, they turned around to say that it was the voice of my partner as Ms Afolaba told them. I stated that it could not have been my partner speaking Edo language because she is a Dutch woman. During the trial, the investigating police officer refused to tender the tape and denied that such a thing ever existed. Instead, he told the court that all the telephone calls made by Ms Afolaba to the Netherlands from 23 to 27 January 1996, at which time I was arrested, were made from a roadside telephone cell and therefore could not be recorded. In response to a question, the police officer admitted that it was not the usual practice not to record telephone calls in a case of this nature whether or not they were made from a telephone cell. He excused himself on the ground that he was not the original investigating police officer that handled that aspect. Again, the court overlooked the importance of this deliberate error.

5.    The day I was arrested, I had requested to notify the Nigerian Embassy in Bonn but it was not only refused, the police got so sad that they made me regret having made such an attempt. Do I not have a civic right to call for assistance from my Embassy if I am in danger?

6.    During the case, I had engaged the service of a private attorney but he was rejected by the court, and in his place a state legal aid was assigned me. As an accused, should I not have been entitled to a legal representation of my choice?

7.    While investigating the case the Police in Germany contacted their Netherlands counterpart for assistance. In the process the telephone number the informant gave the police as mine was traced by The Netherlands Police to another home that did not belong to me or even nearer to where I was living. The Police in Netherlands informed the court in a letter that I was living fifty miles away from the city where the telephone and house is situated. The name, address and other information concerning the owner of the house was given to the Police in Germany by the Netherlands Police to show that I wasn’t the owner and was not living there. All these again did not help to change things.

8.    Later in the life of the case, the High Court in Hechingen cleared me of the charge thus confirming that I did not know Mr. Jorg Bachustein, and that I did not commit any crime. I have in my possession a written letter from the Office of the Director of Public Prosecution confirming this acquittal., yet my case was not helped in any way.

E. The Court’s Ruling

The trial judge Mr. Frick said in his ruling that he believed that I was guilty as charged. Even when every available evidence proved that no unlawful material was found on me, the Judge said that the quality of cocaine I was alleged to have brought into Germany was 40%. He ignored the fact that non of the witnesses ever admitted ever seeing me with any substance, neither was there any scientific evidence nor expert opinion to justify this assumption of the trial judge.

While pronouncing his judgement the Judge said “the suspect was smart and intelligent and that was why the police were unable to track him down with any direct evidence, nonetheless, he is a ‘Nigerian’ living in Holland where drugs are sold cheaply”. Also in his verdict paper (Urteil) the judge wrote that my partner was 55yrs old at the time of my court trial, even though the same judge verified her passport several times she came to visit me in detention and knew that she was born in May 20, 1951. I do not know what this has to do with the case. Finally, the Judge sentenced me to five years in prison

F. My Protest to the German Minister of Justice.

While protesting my wrongful imprisonment, I wrote a letter to the German Minister of Justice in November 1997. In his reply on 24 November ’1997 with Ref. No. RB 2-AR-RB 451/97, he assured me that he had directed the Baden-Wurttemberg State Minister of Justice under whose jurisdiction my case fall, to re-examine my case. Thereafter, I wrote to Baden-Wurttemberg State Assembly complaining the injustice that was meted to me by the High Court of Ulm. In their reply dated 14 November1997 with Ref. No. 12/02753, I was informed that my complaint has been referred to the State Minister of Justice for further action. The Minister of Justice of Baden-Wurttemberg State wrote back to me with Ref. No.1402E-621/97 asking me to translate all my complaints into German language. This he knew would not be possible for me to do while in detention.

G. My Findings about Ms Mary Afolaba

Ms Afolaba was a paid police informant, whose job was to frame up people in exchange for a favour. She had had her request for political asylum rejected by the German Authorities, and was in effect on the verge of being deported when an overture came from the police that she could have her residence status regularized if she could accept to be setting up people. She felt obliged, and has claimed a lot of victims since then. I happened to be her latest victim at the time. Her stories were as infallible as ever as long she mentioned name of any person as a drug dealer. As at the last count, Ms. Afolaba was said to have lured more than seven Nigerians to Germany all of whom are serving various jail terms.

H. Insensitivity of the Nigerian Embassy in Bonn

During the period of my incarceration, I made a total of (16) sixteen telephone calls and wrote (21) twenty-one letters to the Nigerian Embassy in Bonn explaining my ordeal to them and why I thought their intervention was necessary. I explained to the Embassy that even the visa I obtained while coming back from Nigeria to the Netherlands was issued to me by the German Embassy in Lagos in February 1995 and that it was very easy for the authority to verify my identity from their Embassy as to who actually applied for the visa in my passport, since the police were in doubt of my identity. Most regrettably, the Embassy did not give any attention. None of my letters was replied neither did the Embassy Officials make any effort to verify what was put forward to them. I could not understand why I should be abandoned by my people when there was an obvious case of intimidation, humiliation, frustration and injustice being meted out to their country man.

I have course to believe that their inaction contributed in no small way to my being charged with a crime I did not commit. Had the Embassy intervened at the appropriate time, it would have limited the chances of the German Authorities suppressing facts and evidence. The Police exploited the opportunity of having being abandoned to rape justice against me leading the fact that in the end I suffered for something I did not do. I am not saying this because I am involved, most of the impunity being committed against Nigerians in Germany arise out of the fact that in situations where the intervention of the Nigerian Embassy would have helped to raise serious questions of fact and principle, the Embassy would be seen closing its doors against their nationals. Consequently, the German Authorities would cash in on the weakness to manhandle innocent Nigerians. The Benin Republic that had the smallest number of inmates had its Embassy visits them once in a month, while sixteen of us from Nigeria were left there like orphans.

I. My deportation

After spending three and half years in prison, the German Authorities decided to deport me to Nigeria. Mr. Sparr, the officer from the Foreign Office handling my case, informed me that he was taking my passport to the Nigerian Embassy for renewal since my passport had expired. I told him that it would be proper that I go with them to enable the Embassy properly identify me. He was to inform me one month later, through my social worker Mrs. Mayer-Unseld that the police misplaced my passport. I asked him to put it in writing since the passport was the property of the Federal Government of Nigeria. He refused and told me that they were going to get a Travelling Certificate for my deportation. On hearing this, I called the Nigerian embassy and talked to one Mrs. Okamgba informing her of the latest development in my case. She then assured me that they would not issue the German Authorities with Travelling Certificate without the Embassy first interviewing me. I also informed her that the reason why the police decided to hide my passport and claimed that it was misplaced was to destroy evidence that might be later used against them.

I was surprised on the 29th of April 1999 when the Police came to the prison and bundled me into a waiting van destined to the airport for my deportation. When I asked for my passport I was told that it was with the pilot of the plane, who on inquiry confirmed to me that he had it with him and would hand it over to me on arrival in Amsterdam en-route Nigeria. On arrival, I observed with dismay that I was being deported with a Travelling Certificate instead of my passport. On close examination, I observed that the Travelling Certificate was signed by one Mrs. Musa of the Nigerian Embassy in Bonn. This was despite all my effort to get the Embassy take official action against the German Authorities over my misplaced passport. This came to me as an obvious case of betrayal As a result of this action of Mrs. Musa, I refused to go back to Nigeria with her forged Travelling Certificate and thus ended my journey in the Netherlands.

Many reasons accounted for this (a) I was never interviewed before such a travelling certificate was issued. (b) I came to Germany with a valid Nigerian Passport, why should I be deported without the passport. (c) The passport was hidden because it was one of my greatest alibi in the case (d) I should have been deported to Netherlands where I was residing legally before I was arrested.

J. My Protest to the Embassy over the Issuance of Travelling Certificate

On 8 June 1999, I made a telephone call to the Nigerian Embassy in Bonn from the Netherlands to lodge my complaint and was directed to Mrs. Okamgba. She listened to my complaint and told me that she personally sent all the letters I wrote to the Consular section of the Embassy where Mrs. Musa works, saying that, she Mrs. Musa had no reason whatsoever to issue a Travelling Certificate without interviewing me first. She asked me to call her again on 15 June 1999, to enable her find out from Ms Musa if she did issue the travelling Certificate without interviewing me as alleged.

On this date, I called her at exactly 15:30 PM during which she confirmed to me that Mrs. Musa admitted issuing the Travelling Certificate without interviewing me and further told her that it was a mistake on her side. According to Mrs. Okamgba, Mrs. Musa said she would take up the matter with the immigration officer as she was tricked. How could a Diplomat of that calibre allowed herself to be tricked?

K. Conclusion

Your Excellency, I am pretty sorry to have given you the trouble of going through this lengthy narration. You could feel the impact of the state of trauma under which I am writing, and that invariably has limited my capacity to be in-depth in the analysis of my ordeal. Mine is a dramatized case of an organized prosecution, which leaves no doubt about the degree of the rape of justice. If I had committed the offence under which I was subjected to this indignity, there would certainly have been no course for me to raise this complaint. I was not, have never been and will never be a drug dealer. All through my life, I have pursued my aspiration through a legitimate and lawful means, and this has governed my approach to life since I left Nigeria to settle in the Netherlands. I have never been involved in any criminal activity neither have I been convicted of any offence. My conviction and subsequent imprisonment in Germany was unjust and a direct act of prejudice against me because I am a Nigerian. My case is symbolic of many others in which innocent Nigerians have been hounded in prison at a slightest bit of suspicion. Many people like me are being made to bear the burden of guilt for a few isolated cases of nuisance.

I am raising this issue your Excellency, because I sincerely believe it is high time we decide how long this act of inhumanity against Nigerians is to be put to a definite stop. An opportunity has presented itself in your administration being one instituted by the Nigerian people themselves, to raise certain questions about the conditions many Nigerians abroad are subjected by their host countries. The basis of criminal law, which is trite knowledge, is that an accused remains innocent until the contrary is proved. But when an accused is subjected to arbitrary process leading to outright destruction of proofs of innocence in order to make him guilty, then it becomes a case that should not be ignored in the interest of justice. The rules of civility animated by the decorum of the contemporary globalizing universe is that MIGHT is not RIGHT. Even in jungles, there is justice. Germany may be richer, economically and technologically stronger than Nigeria, but Nigerians are still human beings and we deserve to be so treated.

My unjust imprisonment has left my business, source of livelihood in complete ruins. My life has been made desolate. My future is at best bleak. I have lost my Dutch residency status as a consequence of my illicit confinement. I have become psychologically and physiologically demeaned by the hour, and my days are like they are numbered. Your Excellency, I am coming to you because I believe that with the authority bestowed on you by the Nigerian people, you can help me seek appropriate redress from the German Government. I need a reprieve, and I am sure I can secure this under your presidency.

Your Excellency, I think it is also worthwhile to look at the role played by the Nigerian Embassy in Bonn. The intervention of the Embassy at an appropriate time would certainly have saved me the agony arising from an unjust judicial process. But I was abandoned on the basis of which factual proofs of my case were destroyed. My series of telephone calls and letters could not elicit any sympathy nay attention from the Embassy. As if that was not enough, the Embassy conspired with the German immigration to truncate the normal procedure of deportation and issued Travelling Certificate without personally interviewing me. There have been instances in which genuine requests for Travelling Certificate were made by Nigerians who were not disposed to come to the Embassy personally, but they had their request refused by the Embassy because such document, according to them is not issued by proxy. My case was a bitter exception, and taking place in circumstances of obvious abuse of fundamental rights of a citizen whose interest the Embassy should protect. I have no doubt that my conviction was partly made possible by the conspiratorial silence on the part of the Nigerian Embassy in Bonn. This, I believe, should be properly investigated and appropriate caution given to the erring official, with a view to forestalling future occurrence.

Your Excellency, I do know that I am running the risk of imposing this petition on your very busy schedule, but because of its nature, I would be profoundly grateful if you could respond to it; and I do respectfully look forward to it.

I hereby enclose two copies of letter from my Attorney.

Please, accept my highest consideration of respect and esteem.

Yours sincerely,

Anthony O. Obasi