The Appeal Court yesterday refused to halt the trial of former Delta State Governor, James Ibori by the Federal High Court in Kaduna.
Ibori also sought for the release of his international passport by the Economic and Financial Crimes Commission (EFCC).
His trial is expected to begin today before Justice Mohammed Lawal Shuaibu following the appellate court�s ruling.
In refusing to order the release of Ibori�s passport, the appelate court ruled that he and his counsel jumped the gun by making the request before it, instead of the lower court where the former governor was granted bail.
Ibori had appealed against Shuaibu�s ruling on the court�s power to hear the case instead of transferring it to the Chief Judge of the Federal High Court for assignment to a court of proximate jurisdiction.
He also sought a stay of proceedings pending the outcome of his appeal.
Ibori�s lead counsel Joseph Daudu (SAN) had argued at the lower court that it was wrong to try Ibori in Kaduna which was several hundreds of kilometres away from Delta State where the alleged money laundering and embezzlement related offences were committed.
According to him, by bringing the matter to Kaduna for trial, the EFCC had engaged in “forum shopping” which could lead to bias on the side of the presiding judge.
Justice Shuaibu refused to excuse himself from the trial, saying that there was no sufficient material evidence before him to warrant its being transfered to another court of proximate jurisdiction and fixed Ibori�s trial for today.
The Presiding Justice of the Kaduna Division of the Court of Appeal, Justice Amina Augie, ruled that since the “lower court knows what to do”, it would be futile granting a stay of proceeding in a case that comes up for hearing today.
She said: “There is a pending application. There is no need going into it when an appeal is pending. Why does the Supreme Court send back matters to lower court? We can�t be seen entering an arena when there is nothing to act on.
“We can�t be seen to be doing something a day before the case comes up in the lower court. You (Daudu) don�t expect us to jump and say because there is a case at the lower court tomorrow; we grant a stay of proceedings”.
Ruling on the request for the release of Ibori�s travel documents, Justice Augie asked the former governor and his lawyers to go back to the lower court to make the request. She pointed out that it was only when the lower court refuses to accede to his request that he could come to the appellate court.
Daudu had appealed to the court to hear the motion on the release of Ibori�s travel documents as well as order a stay of proceedings at the lower court.
Daudu said the prosecution and defence counsel had exchanged briefs on the matter. He said: “Life must continue after political office. He (Ibori) has not seen his new born child and proposes to travel.
“We have applied to the lower court but the case file has already been transmitted to this court. Order 4, Rule 11 of the Court of Appeal, takes away the powers of the lower courts to adjudicate on matters after the case files have been transmitted to the higher courts. It states that after an appeal, the lower courts can not do anything again”, Daudu said.
But EFCC counsel Rotimi Jacobs while opposing Daudu�s submission, said Order 4, Rule 11 which was being referred to was the same Order One, Rule 22 which earlier applied in the Court of Appeal.
He argued that the argument in favour of the release of Ibori�s travel documents was an indirect way of asking the Appeal Court to review the bail conditions granted the former governor in January.
The court has adjourned hearing on the appeal till September 17, that of motion for the variation of the bail conditions till June 19.