Dec.18, 2009

The Economic and Financial Crimes Commission and the Delta State elders on Thursday condemned the decision of the Federal High Court in Asaba, Delta State capital, to quash all the 170 criminal charges against a former governor of the state, Chief James Ibori.

They said in their separate reactions that the judgment delivered by Justice Marcel Awokulehin was dangerous and capable of encouraging corruption in the country.

Ruling on an application made by Ibori‘s counsel, Mr. Augustine Alegeh, seeking to quash the charges which border mostly on money laundering, Awokulehin said the application succeeded.

He held that the EFCC failed to establish a prima facie case against the former governor and his associates — Ms. Udoamaka Okoronkwo and Mr. Chiedu Ebie — and consequently discharged them.

He said that the EFCC, led by its counsel, Mr. Kayode Oni, who held the brief of Mr. Joseph Daudu (SAN), failed to provide evidence to convict Ibori, Okonkwo and Ebie.

Awokulehin said, “There are no witness statements from any of the EFCC officials in the proof of evidence of criminal trial. The duty lies on the prosecution to alight evidence in proof of prima facie case.

“The prosecution has failed in the instant case against any or all the accused persons in the 170-count charge. The law should only be applied to facts of the case. An accused person is either criminally responsible for an act or not. There are no two ways about it.‘‘

He said the prosecution must have all the evidence to oppose the application to quash.

The judge added, “It is an elementary and most vital requirement of our law that before the prosecution takes the decision to prosecute, it must have all the evidence to support the charge.

“Accordingly, the further amended charges dated and filed on March 3, 2008 be and hereby quashed and the accused persons are hereby discharged.”

On alleged money transfer against Ibori, the judge held that the statement of account showed that there was no evidence that the money lodged in Ibori’s account was derived directly or indirectly from any illegal account.

He said, “The fact of the money being drawn from an illegal account is a critical ingredient of the offence and must be established by evidence.”

Regarding the allegation that Ibori collaborated with Prof. Agbe Utuama (now the Deputy Governor of Delta State) by using his law firm –Prime Chambers — to conceal the state funds, the judge held that there was no evidence to prove that payments were made on behalf of Ibori to the chambers.

Faulting EFCC’s investigations, Awokulehin said, “There is no witness statement in the proof of evidence from any of the EFCC officers who purportedly investigated. Furthermore, there is no interim or final report of the investigations carried out by the EFCC which is a basic requirement in proof of criminal trials.

Apart from Okonkwo and Ebie, three firms that are linked to the ex-governor– Mer Engineering Nig. Ltd, Bainex Nig Ltd and Sagicon Nig Ltd, were Ibori’s co-accused in the suit. Okoronkwo, is presently facing money laundering charges in London.

The judge had deferred ruling on the matter on three occasions, claiming that certain circumstances had prevented him from doing so. He said he preferred to err on the side of caution.

Ibori’s lawyer, Alegeh, described the verdict as “very exhaustive.

The Ibori case had suffered several adjournments after it was referred from the Federal High Court, Kaduna, to Awokulehin’s court for retrial.

No fewer than 100 security men had mounted security at the entrance of the court premises, saying that they had orders from above to maintain law and order and to forestall any eventuality.

The security operatives, who prevented journalists from covering the proceedings, claimed that those that came earlier were allowed into the courtroom.

But the EFCC flayed the court’s judgment, saying it did not come as a surprise.

It said in a statement by its Head of Media and Publicity, Mr. Femi Babafemi, that it would appeal the judgment.

The statement reads, “The decision of Justice Marcel Awokulehin of the Federal High Court, Asaba, to quash all the 170 count charge against former governor of Delta state, Mr. Ibori today (Thursday) has not come as a surprise to the EFCC.

“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 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.

“This kind of judgement if not challenged is capable of deepening the menace of corruption in our country rather than contributing in any way to the cause of justice which is the basis of sustaining our democratic governance.”

In Warri, the Delta State Elders, Leaders and Stakeholders Forum described the judgment as “dangerous, a travesty of justice and Kangaroo.

“How can 170 charges be determined in less than one hour? So many things are going to happen and we (Delta leaders) are not going to give up because Nigeria belongs to all of us,” the Forum’s leader, Chief Edwin Clark, said.

The former Minister of Information argued that the fact that Justice Awokulehin ignored the pending court matter against him on the Ibori case at a Federal High Court in Lagos showed that he had a hidden agenda.

The Ijaw National Leader said the judgement confirmed the fears of some leaders of Delta State that the Minister of Justice and Attorney-General of the Federation, Mr. Michael Aondoakaa (SAN), and Awokulehin had compromised their offices in the determination of the case.

He said, “The Delta leaders sued Awokulehin for gross misconduct at the Federal High Court, Lagos, and the case came up yesterday (Wednesday) before it was subsequently adjourned till February 1, 2010. Awokulehin received the summons against him and he signed for it in Asaba on Monday, December 14 and the bailiff has filled the affidavit of service.”