On Sept. 23, 2008, Mohammad Bello and Muktar, both citizens of the Federal Republic of Nigeria, were illegally detained by a Chinese gang organized by Wangyan, the legal representative of Shandong Gaomi Xinyi Home Textiles Co. Ltd. (“Shandong Gaomi”). Bello and Muktars’ illegal detention lasted approximately two months, and was instigated by contract disputes between their company and Shandong Gaomi.
Wanyan justified her criminal actions by insisting that she had delivered certain goods (textiles) as contractually required by Bello, and that she was accordingly owed money by him. Wanyan’
Wangyan and other criminal suspects were sued for Illegal Detention Crime in Gaomi Court. The Judges of Gaomi Court found the suspects guilty, but imposed unjustly light sentences—the suspects received sentences of less than two years, and Wangyan received the lightest sentence despite organizing the crime. Such light sentences are not only unjust, but also improper under Chinese Criminal Procedure law. Bello, as a victim, requested that the Gaomi procurators appeal the sentences, but was refused.
A second criminal case is ongoing for a criminal suspect named Zhao Guoxin, who was not arrested when Gaomi Court heard the first criminal case. Zhao Gaoxin has confessed his crime and is awaiting judgment.
Lehman, Lee & Xu has filed a civil suit on behalf of Bello, attached to the criminal case. This civil case is currently on appeal to Weifang Court.
Lehman, Lee & Xu also represents Bello in a civil suit filed by Wangyan for non-performance of contract (Wangyan still has provided no direct evidence establishing a business agreement between her and Bello). Our firm submitted a Jurisdiction Objection (procedural dispute) to Weifang Court asserting that this case is properly within the jurisdiction of Nigerian court. The issue is currently on appeal to the Supreme Court.
Lehman, Lee & Xu has requested that the Nigerian Embassy:
1. Urge the Supreme Court to handle the Jurisdiction Objection.
2. Protest to Foreign Affairs Department for the restriction of Bello in China.
3. Protest to the procurators’
With increased international interest in Chinese business opportunities, foreign clients are increasingly involved in litigious disputes in local jurisdictions. Many foreign clients retain Lehman, Lee & Xu as their legal representatives for disputes in China, and the firm has both a wealth of experience and a successful track record in litigation. Nevertheless, Junbo Hao, a senior Lehman Lee & Xu attorney, advises that “it is a little late to dig a well when you feel thirsty, hence it is advisable to engage attorneys, like ours, to control your business risk before you do business in China.”
