A major diplomatic row between Nigeria and Britain may be brewing over the controversial money laundering trial of former Delta State governor, James Ibori, in a Southwark Crown Court in London.
The burgeoning crisis is reportedly stoked by the refusal of the Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), to endorse the release of 25 witnesses from the Economic and Financial Crimes Commission {EFCC} for the trial.
After establishing a prima facie case of money laundering against Ibori and three of his relatives, the British government, through the Metropolitan Police, had requested Nigeria, through the EFCC, to allow 25 operatives to testify against Ibori since the commission also investigated the former governor on the alleged offence in Nigeria.
Britain and Nigeria have mutual understanding on fight against corruption with both as signatories to a Mutual Legal Assistance Treaty {MLAT}, on which Britain premised its request.
After many twists and turns in the handling of the request by the office of the AGF, Sunday Tribune exclusively gathered that Aondoakaa may have finally resolved not to allow any evidence or witnesses from Nigeria to be part of the London trial, which may not survive without the evidence from the Nigerian government.
After he was accused of shielding Ibori from trial, the minister, said recently that he had no constitutional right to stop any Nigerian from testifying abroad.
He asked EFCC for a formal request for the release of the witnesses, which the commission reportedly tabled before him through its Secretary, Emmanuel Akomaye.
The initial report was that the minister had approved the request, but he came out a few days later to say that he would not cooperate with Britain over the trial because Nigeria did not owe its former colonial master such favour.
The ding-dong between him and the Met Police led to a presidential intervention with President Umaru Yar’Adua reportedly summoning Aondoakaa and the chairman of EFCC, Mrs. Farida Waziri.
A presidential source revealed that Aondoakaa shocked everybody present at the meeting when he reportedly told the gathering, including the president, that nothing would make him release the witnesses, despite the Nigerian leader directing him to so do.
The source said all those present at the meeting took place were dazed that the minister could look the president in the face and say no to his directive.
According to the source, “The president directed Aondoakaa to release the witnesses but he just stood up and told everybody that he would not. He was confident as he told the president that he would be his (Yar’Adua’s) protector from Western powers. Though the president is still disposed to the witnesses going to testify, the minister appeared to have had the day because even the EFCC woman left here dazed”.
Another source alleged that the minister met with Ibori at his Asokoro residence immediately after rebuffing the president, allegedly to assure him that the path to his freedom had been secured.
The Metropolitan Police and the British government, who were said to have been banking on the assurance given them by the minister when he visited the Home Office two weeks ago, were said to have been shocked with the latest turn of event, with sources, adding that they might take severe diplomatic actions on the matter.
Sunday Tribune also learnt that, though some of the documents to be used for the trial are in possession of the Metropolitan Police, they would not be admissible in court unless endorsed by the office of the AG Federation.
A source quipped, “The MLAT gives too much power to the office of the AGF on issues like this. He {AGF} knows that without him, the documents would not be admissible in court, and that is what he is using in frustrating this {Ibori’s} case”.
With the stalling of the ex-governor’s trial in London, the stage may have been set for the quashing of his trial in an Asaba High Court in Delta State on October 26, 2009.
While preparing a dress rehearsal for his final position on the release of the witnesses, Aondoakaa had told journalists in Abuja last week that “are you saying Nigeria is answerable to other countries? Are you saying that whenever any request is made by any country I have no right to review it? Such request is an indictment of the country’s security and judicial system”.
“When I requested for evidence from UK on Halliburton scandal, I was told to wait, the same thing from France and Switzerland, they are yet to comply”.
“Let me make it clear on record that every Nigerian has a constitutional right of free movement and freedom of expression and therefore, the Office of the AGF will not breach the constitution by stopping anybody from testifying before any tribunal or court in Nigeria or outside, including the UK.
“Lastly, these people are witnesses, they are not accused persons and they have a right to go anywhere to give oral testimony. “I will never prevent any Nigerian from testifying,” he said.
Reacting the Special Assistant to the Minister of Justice and Attorney General of the Federation, Mr. Anthony Aikhunegbe Malik, refuted it, saying the AGF had already given approval to the EFCC to go ahead with the witnesses subject to the provisions under the Mutual Legal Assistant Treaty (MLAT).
“I don’t know why the issue is coming up again. I thought we had put that past us. The EFCC wrote the AGF seeking clearance on the list of witnesses to be released to testify in the UK and he has since given approval,” Mr. Malik stated.
On the issue of defying Yar’Adua’s order, the Special Assistant challenged anyone who witnessed the meeting to come out in the open. “Was the person present at the meeting? Nobody could have known what transpired during a meeting that was held by the president with the AGF, the EFCC chairman and few others because it was not made public.
“It affects elementary common sense. The AGF will not defy the president directive, he can only advise him on issues. No AGF will do that, he won’t be in government the next day. That will be primitive and the AGF knows the law.
“All these allegations are prety and are coming from his detractors, but the AGF will not be deterred neither will he relent in his efforts towards enthroning and entrenching rule of law in the country. Everything he does is predictated on the rule of law,” the aide said.