REFLECTIONS ON MARSHAL, TRACY AND UMAHI
Marshal Abubakar went out of his way to rally support for Tracy Ohiri. She was going to be remanded in custody, but for the very timely, vehement and strategic actions of the learned counsel.
It is easy to say that he was doing his professional job. But how many lawyers will be willing to put up such a fight against the Police and a serving Minister and former governor in this country?
Tracy walked out of the lion’s den unhurt.
From what the public has been told, her initial claim of indebtedness stood at about N25 million. She is said to have added interests on the sum which brought it to over N300 million.
I have examined the evidence available in the public domain, my view is that we’re dealing with a case of destructive greed and entrenched ingratitude.
A contract that was performed more than ten years ago cannot be enforced in 2026 without the debt being acknowledged by the debtor.
It is statute barred.
Umahi refused to acknowledge the debt and insisted on using law enforcement to fight Tracy Ohiri.
While the Minister’s oppressive actions are questionable and condemnable, the reality is that the alleged sum isn’t recoverable due to the fact that the cause of action, assuming there is one, is statute barred.
Beyond the issue of limitation period, the failure of Tracy to adduce evidence to prove her claims makes her case more untenable.
Sentiments cannot supplant elementary legal principles.
Marshal, with the support of activists, was able to secure a N110 million settlement for Tracy. Umahi, ostensibly acting through his proxies, agreed to discontinue all his legal actions against her.
The suggestion that the lawyer betrayed or coerce her does not hold water. How did he betray her? The same lawyer declined the monetary offers made to him.
If you have an understanding with a client, and the client reneges on it, it is irritable.
She was given the option of declining and returning the money but she decided to keep it.
By the way, the total amount she paid her lawyers is less than ten percent of what she received.
Some strange people are seeking to use this case to attack “human rights lawyers” and “activists”. They are questioning the lawyer for accepting fees despite being a human rights lawyer.
This is wickedness.
A human rights lawyer is a lawyer.
There’s no special university or law school in this country for training “human rights lawyers” or “activist lawyers”.
It is disrespectful and wicked for people expect lawyers who are devoting their professional career to fight dangerous causes for the oppressed to work with empty stomach.
Human rights lawyers have bills to pay, they have families to cater for, they’ve offices and staff to look after.
Nigerians should stop feeling entitled to pro bono services. If a lawyer elects to offer his services pro bono, it is out of goodwill.
I disagree with those who say that Marshal did not represent her well. Such view may be due to lack of adequate information.
A client who records a conversation with a lawyer has ulterior motives. We should not shy away from this issue.
In the record, the lawyer was evidently frustrated.
There is no part of the said audio recording where the lawyer told her that she was going to receive N305m or any specific amount.
Please prove me wrong.
In the audio, the lawyer made it clear that the undertaking made to him via messages by Umahi’s friend, who happens to be a lawyer, was sufficient.
It is ridiculous that Tracy expected Umahi, who has been denying the alleged debt, to sign a written undertaking. Such a demand would have been reasonable if the debt wasn’t disputed.
From the audio, one can deduce that Tracy was going back on her understanding with Marshal. That was why the lawyer told her not to call him again after that day.
We should be objective and fair minded.
May we not help or fight for people who will embarrass or seek to destroy us.
