AFTER spirited arguments in favour and against the bail application by former Delta State Governor, Chief James Ibori, standing trial for corruption and money-laundering, the Federal High Court, Kaduna, yesterday adjourned further hearing to January 31.
The dramatic court session was witnessed by all shades of interests ranging from former Bayelsa State governor, Chief Diepreye Alamieyeseigha to Concerned Elders of Delta.
It got to a point that the judge, Justice Muhammed Lawal Shuaibu vowed to all parties and Nigerians in general to ensure justice is done no matter what it would cost him.
Both counsel for EFCC, Rotimi Jacobs and for the defendant, Mr. Joseph B. Daudu (SAN), made lengthy submissions on the application seeking for the bail of Ibori and the second accused, Uduamaka Okoronkwo.
But, at the resumption of proceedings around 9.20am, another legal representation was announced by counsel to the Concerned Elders of Delta State, Mr. Kayode Ajulo, who pleaded to the Judge to accommodate his clients in the Ibori case as watching brief ‘, noting that the entire elders and citizens of the state wanted justice done and seen to have been done in the matter.
Justice Shuaibu, who requested the elders’ counsel to back up his interest with any judicial pronouncement that gives credence to the appearance, however stated that “even the entire Nigerian public is also interested in this case and whatever we are to do here in court be rest assured that the path of justice would be followed”.
“In the interest of justice, we are ready to do justice. Whatever means it takes and whatever it will cost me, we are ready to do justice.”
Justice Shuaibu then noted the presence of former Bayelsa governor, Chief Diepreye Alamieyeseigha in court to observe proceedings yesterday as evidence that Nigerians attached utmost interest to the Ibori case.
Besides, Mr. Daudu, arguing the motion on bail for the first and second accused persons, said that “the object of the bail is to ensure that they both may be at liberty during the duration of the trial.”
He said: “The motion is supported by two affidavits. The first is 19 paragraphs sworn to by the first accused person (Ibori); then the second which is 19 paragraphs affidavits is sworn to by the second accused person, Uduamaka Okoronkwo.”
Daudu pointed out that there was also counter-affidavits of 42 paragraphs and several annexures by one Bello Yahaya, while the defence had followed it up with a reply to the counter-affidavits.
According to Ibori’s lawyer: “As it now relates to the second accused person, there is no counter-affidavit challenging the deposition of her bail,” adding: “I want to say she has passed the test of laid down rules of the court.”
He argued further that “as it relates to the first accused (Ibori) there are lots of counter-affidavits, several annexures, which altogether with 35 paragraphs of counter-affidavits in the granting of bail.”
He remarked that the issue of ex-convict raised by the prosecution was an issue of mistaken identity, as this did not relate to Ibori.
However, making his submission, the EFCC lawyer, Jacobs, urged the court to refuse Ibori bail because he would endanger the trial in court against him if he was granted.
“In opposing the application for bail, my Lordship should consider whether there are new materials to favour the first accused person. We still maintain that there are no such materials, he is not entitled to bail.”
According to Jacobs, the court should take into cognisance the Supreme Court decision in the case of Dokubo vs FGN, stressing that the Proof of Evidence Act must be brought to play.
Said he: “The only thing the court cannot do at the bail level is evaluation; you have to check through the Proof of Evidence.”
Jacobs also drew the attention of the court to the judgment against Ibori, which made him an ex-convict in the United Kingdom (UK).
He argued further that the EFCC had to apply for the documents from UK to support the corruption case against the accused.
On whether Ibori will tamper with the trial if granted bail, Jacobs said that “we have deposed to the fact that the accused will interfere with the course of justice.
“If the accused is granted bail, our witnesses will not be free to come to court to give evidence. Even the extra security cost to Government to bring the accused to court is a pointer to show the kind of person the accused is.”
Jacobs remarked that as a former governor, Ibori still had access to the daily workings of the government in Delta State, stressing that: “This is even so, judging from the fact that the present governor of the state served under Ibori.”
He then urged the court to dismiss the bail application.
Meanwhile, the Concerned Elders of Delta State said that they had sworn to an affidavit against Ibori on mismanagement of funds in the state.
Spokesperson of the Elders, Sir Eddy Akangbou told journalists that “Ibori looted Delta State and impoverished us and we are saying that justice must prevail.”
“We Delta Elders are saying that EFCC must include the fraudulent supplementary budget of N159 billion of the state during Ibori’s regime under the count charges.”
Also speaking with journalists, Alamieyeseigha accused the Federal Government of partiality in trials under the anti-corruption crusade.
He said: “I think Nigerians are terrible people. We are all aware of how our Federation Account is being shared. 15 per cent for Local Governments, 24 per cent for the 36 states and the rest for the Federal Government.
“And what we are concentrating on today is the states; Local Governments are constituent part of the states. So, if you add even the figures you have 39 percent. What of the remaining percentage of the funds that is being controlled by the Federal Government . So, for Presidency, all the ministers, nobody is corrupt. It is only governors that are corrupt. I wish you goodluck.”
Hearing in Ibori’s bail application continues on January 31.