Former Delta State Governor Chief James Ibori walked away a free man yesterday when the Federal High Court, Asaba quashed all the 170 charges of money laundering instituted against him by the Economic and Financial Crimes Commission (EFCC).
When the court quashed the charges against Ibori, there was a thunderous cheer by his supporters who had thronged the court room in their hundreds. An excited celebration followed, with men, women and children dancing all over the courtyard and the surrounding areas. Ibori himself then forced his way through the crowd to his car, which had registration number Delta AG 615 GRA, and drove away.
Ibori had been standing trial first before the Federal High Court, Kaduna and then the one at Asaba between December13, 2007 and December 17, 2009. He spent 62 days at the Kaduna Prisons before being granted bail, and the case suffered several adjournments before it was transferred to Justice Marcel Awokunlehim of the Federal High Court, Asaba.
Justice Awokunlehim said in his two hour ruling that “there was no witness statement to prove evidence from any of the EFCC officials who purportedly interrogated him for persecution.”
According to the Judge, “Even if the case was weak, the court can still proceed to try it once there is prima-facie case established against the accused person”. The judge also said “while that may be so, it is however noted that it is the duty of the prosecution to prove his case beyond reasonable doubt with facts. But the four EFCC officials who are listed in this case have not given any statement to prove otherwise.”
Ibori’s chief counsel Mr. J. B. Daudu (SAN) had asked the court to quash the 170 charges because it lacks merit.
He said, “Our motion is already before you (the judge); their (EFCC) reply is in and we have even filed our reply on point of law to the respondent written address. So all our grammar concerning the motion is before the lord, so it will just take two address today since we are all already in court”.
Another counsel to Ibori, Austin Alegeh (SAN) fumed over EFCC claims that Ibori Offered S15m bribe without the person collecting the money given a statement.
Alegeh described the case as one that will strengthen the Nigeria law.
EFCC’s counsel Mr. Kayode Oni however refused to comment on the court ruling, saying “I am a civil servant.”
In a statement later by his Media Adviser Mr. Tony Eluemunor, Ibori said he thanked God for his victory over the EFCC at the Federal High Court. He said he was also grateful to the judiciary, “which has proved that it is not only the refuge of the common man, but can also protect the so-called big man when untold forces are arrayed against him, as many Nigerians tend to believe that any politician is guilty as charged.” He added, “I am indeed very pleased that justice has been done, and that justice, that very foundation of our democracy, is there for everyone and not only for the poor.” Ibori said democracy and the rule of law are alive and thriving in Nigeria.
The former Governor also thanked as well as his “adversaries, opponents and even outright enemies,” saying he “recognises the fact that not everyone” will like him. He said, “This December has made it two years of frequent court appearances and the uncommon support I have received from my numerous friends and supporters strengthened me all through the struggle to get justice.”
Delta State Deputy Governor Professor Amos Utuama (SAN) on his part described the court judgment as having vindicated Ibori and “silenced the plans of his traducers.” Utuama’s Prime Chambers was alleged in the EFFC’s against Ibori as having been used to launder millions of naira during Ibori’s reign as the governor of Delta State, when Utuama was the attorney general and commissioner for justice.
Speaking to reporters soon after the ruling, Utuama, who is a SAN, said, “I feel vindicated because even though I was attorney general of Delta State, as a lawyer whose chambers is registered, the chambers can practice law for financial reward. The enemies got it wrong. They thought as a public officer, the chamber is also a public officer that cannot undertake the practice of law. That is not the law. The law is very clear to the extent that the chambers being a registered, incorporated chamber, it is a separate entity which can be engaged in practice of law for reward. It was duly declared by me right from 1999 to date that I own a chambers. So I feel it is a vindication that Professor Utuama and the chambers have done nothing for which they should be persecuted. So it was all persecution but with faith in God and trust in the independence of the judiciary, we’ve been vindicated. So we thank God.”
Utuama also said, “This is also a lesson to our detractors that when frivolous charges are raised, when they frame up people, God is there to justify and defend them, the judiciary is there to defend them.”
In its swift response to yesterday’s ruling, the EFCC said it would appeal against the decision of the Federal High Court, Asaba to quash all the 170 count charge against Mr. James Ibori. Expressing surprise at the judgement, EFCC said it has instructed its lawyers to immediately file an appeal at a higher court.
The commission’s spokesman Femi Babafemi said, “In view of our determination to prosecute this case to a logical conclusion, and our strong belief that this hazy judgement cannot stand based on available evidence that we have to prosecute the case, we have instructed our lawyers to immediately file an appeal against Justice Awokulehin’s judgement at a higher court.”
“We are convinced that this judgement cannot stand especially at this critical time in our nation’s history when the judiciary is being hailed for rising to the challenge of delivering fearless judgements against the corrupt in our society,” Babafemi said.
He said if the judgement was not challenged it was capable of deepening the menace of corruption in the country rather than contributing in any way to the cause of justice which ought to be the basis of sustaining democratic governance.
“This explains why the leadership of the Commission will leave no stone unturned to ensure that the case is taken to a logical conclusion given the enormity of evidence available to prosecution,” the spokesman said.