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| James Ibori, cheered by his kinsmen as he arrives home from a London jail |
The Nigerian Government is currently reviewing
the case-file of convicted former Governor of Delta State, Chief James Ibori,
Vanguard is reporting.
The exercise which is being conducted by office of the
Attorney General of the Federation and the Prof. Itse Sagay-led Presidential
Advisory Committee Against Corruption, PACAC, will involve a reassessment of
the 170-count charge the Economic and Financial Crimes Commission, EFCC,
initially entered against Ibori who returned to the country on Saturday after
serving jail term in London.
A source at the Federal Ministry of Justice who
pleaded anonymity, told Vanguard that the process was activated even before
Ibori’s return.
“The Federal Government through the AGF, PACAC and the
EFCC have commenced the process of reviewing the case-file. I can
authoritatively tell you that the review will be holistic and thorough
considering all that have taken place so far in the matter.
“There might be fresh angles that could possibly
result in amendment of the already existing 170-count charge pending against
Ibori.
“The AGF was earlier weighing the option of initiating
an extradition process against him but fortunately he returned to the country
voluntarily”, the source added.
Meanwhile, neither the AGF, Mr. Abubakar Malami, SAN,
nor Chairman of PACAC, Prof Sagay responded to inquiry on the issue as at press
time, as calls placed to their telephones lines were not answered.
It will be recalled that the Benin Division of the
Court of Appeal had on May 15, 2014, cleared the coast for Ibori to face money
laundering charges in Nigeria upon completion of his 13-year jail term in
London.
A three-man panel of justices of the appellate court
led by Justice Ibrahim Saulawa, held that the ex- governor still has a case to
answer.
Ruling of the court came six years after Justice
Marcel Awokulehin of the Federal High Court in Asaba, sensationally struck out
the entire 170-count charge EFCC earlier slammed against Ibori.
While discharging the accused former governor, Justice
Awokulehin, in his judgment, insisted that EFCC failed to establish a prima-facie
case against him.
Dissatisfied with the decision, EFCC took the matter
before the appellate court where it insisted the trial judge erred in law and
occasioned a miscarriage of justice by discharging the accused person despite
“an overwhelming proof of evidence tendered in support of the charge”.
Other members of the appeal court panel that not only
vacated the verdict of Justice Awokulehin, but also okayed Ibori for fresh
trial, were Justices P. M Ekpe and H. A. Barka.
EFCC had in its appeal contended that the trial judge
looked at the proof of evidence and evaluated same as if the prosecution had
called all its witnesses and trial concluded.
It was also its contention that the trial court
conducted summary trial in the case rather that trial by indictment or
information.
Besides, EFCC insisted that the proof of evidence
adduced before the court clearly showed that a prima facie case was established
against the accused/ respondent and that the trial judge erred when he held
that no case was disclosed against the accused/ respondent.
The prosecuting agency argued that the judgment was
unwarranted, unreasonable and against the weight of proof of evidence filed in
support of the charges.
While upholding the appeal as meritorious, Justice
Salauwa resolved all the four issues for determination in favour of the EFCC
and directed that the matter be re-assigned to another judge of the Federal
High Court for continuation of trial.
Others the appellate court equally okayed for trial
were Ibori’s alleged girlfriend, Miss Udoamaka Okoronkwo and one Chinedu Ebie.
Ibori was among other allegations, accused of
siphoning about N40billion from the state treasury.
He was equally accused of attempting to bribe the
first Chairman of the EFCC, Mallam Nuhu Ribadu with $15m in 2007 to stop
further investigation into money laundering allegations against him.
The Delta State Government under Governor Emmanuel
Uduaghan had on October 25, 2013, failed to persuade the Abuja Division of the
Federal High Court to grant it ownership of the controversial $15m bribe money.
In a judgment by Justice Gabriel Kolawole, the court,
ordered that the money which had been in custody of the Central Bank of
Nigeria, CBN, since April 26, 2007, be forfeited to the Federal Government.
The Judge held that Delta state government failed to
produce satisfactory evidence establishing that Ibori looted the controversial
money from its treasury while in office as Governor between May 1999 to May
2007.
One Chibuike Achigbu who identified himself as an oil
magnate, had on August 29, 2012, approached the high court to lay claim to the
$15m.
In an application he filed through a consortium of
lawyers, among whom were three Senior Advocates of Nigeria, SAN, Achigbu, told
the court that he gave the money to Dr. Andy Uba, a former aide to the then
President, Olusegun Obasanjo, for the purpose of financing Peoples Democratic
Party, PDP, during the 2007 general elections.
Achigbu’s application was however thrown-out by the
high court which awarded substantial cost against him.
Culled from Vanguard
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