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D. Petitioner’s Nigerian Corporation
The record in this case includes a document purporting to be
the Articles of Association of Americana Business Consultants
(Nigeria) Limited, a Nigerian corporation incorporated on January
19, 2000.7 This document identifies petitioner as holding
500,000, or one-half, of the 1 million shares of the corporation,
and five of petitioner’s relatives as each holding 100,000
shares. Listed among the five relatives is Chinedu N. Ogu,
petitioner’s son, whose position in the corporation is identified
as “Director-Business Strategist”.8 Petitioner’s position in the
corporation is identified as “Chairman/Chief Executive officer”.
At trial, petitioner testified that “they told me that for
them to deal with me, that I must come here and incorporate by
Nigerian law” and:
they will not allow you to do business in Nigeria, if
it is overseas dominated. You must show that the
citizens own the business. Citizens that reside over
there, they live over there. Nigerians own the
business.
7 Although Americana Business Consultants (Nigeria)
Limited was purportedly incorporated on Jan. 19, 2000,
petitioner’s “Financial Statement” for the calendar year 1999
lists a “general administrative expense” of $29 as having been
incurred in August 1999 for “Articles of Association--ABC Nig
Ltd”.
8 Petitioner’s son, Chinedu N. Ogu, was born in 1986 and
therefore turned 13 in 1999. See infra p. 10. The other four
relatives are petitioner’s mother, two brothers, and sister, all
of whom live in Nigeria.
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