Following Thursday ruling by federal high court in Asaba quashing the 170-count charge bordering on money laundering filed by the Economic and Financial Crimes Commission (EFCC) against former Governor James Ibori of Delta State, the commission has said the ex-governor was only discharged by the court and not acquitted, even as it restated its resolve to pursue the matter to “a logical conclusion.”
It would be recalled that the court presided over by Justice Marcel Awokulehin had struck out the charges against the ex-governor for lack of evidence.
In his judgment that lasted two hours, Justice Awokulehin said “Prosecution failed to show critical collaborative evidence. Thus, I accordingly hold that the prosecution has failed to make a prima facie case in any or all of the 170 charges. So I quash and dismiss all the 170-count charge.”
In a statement signed by EFCC head of media and publicity, Mr. Femi Babafemi, the anti-graft body said it stands by its “earlier statement that the judgment is bound to fail on appeal at a higher court,” adding that its chairman, Mrs. Farida Waziri, had soon after the ruling, instructed the commission’s lawyers to obtain a certified true copy (CTC) of the judgment.
The commission however, alleged that despite applying for the CTC before leaving the courtroom to enable them file an appeal, yesterday (Friday), its lawyer was denied a copy of the judgment, which the judge had claimed was ready several weeks ago.
The EFCC, nevertheless, insisted that in spite of this obvious challenge, its lawyers have been instructed to file a notice of appeal on Monday, December 21 based on the records taken in the court.
On how Ibori managed to wriggle out of the case, the commission recalled that the proceedings had originated from Kaduna, where the charges were first filed in December 2007, before being referred to Asaba for trial, but that unfortunately, the accused refused to take plea and instead, raised objections to the charges.
Consequently, the matter was not tried and no evidence was led or taken by the court and so the Thursday ruling was based merely on charges and proof of evidence.
“The accused have only been discharged and not acquitted. As such, we are convinced that the case is not over yet as we are determined to take it to a logical conclusion, not withstanding the obstacles being brought our way,” the EFCC statement read.