What kind of AGF do we have?May God deliver us!

 
Court frees Ibori, - Quashes 170-count charge of money laundering, - EFCC appeals judgment
From Alphonsus Agborh and Tunde Oyesina - 18.12.2009

THE Federal High Court, sitting in Asaba, Delta State, on Thursday, quashed all the 170-count charge preferred against the former governor of the state, Chief James Onanefe Ibori, by the Economic and Financal Crimes Commission (EFCC). The judge had twice deferred the ruling because of what he said were ‘certain circumstances.’

Giving his ruling on the application brought by Chief Ibori to quash the charges, Justice Marcel Awokulehin, said the anti-graft commission failed to establish a prima facie case of money laundering and other financial crimes against the accused. Justice Awokulehin who categorised the 170-count charge into 13 groups, faulted the EFCC for not doing a thorough job by its inability to present a prima facie case against the respondents.

According to him, apart from count 66, other charges fell within section 14 sub section one of the Money Laundering and Prohibition Act. “For lack of merit, the charges were dismissed,” he ruled, adding that EFCC failed to substantiate its case with evidence, even as the witnesses called by them did not help the prosecution.

Counsel for EFCC, Mr. Kayode Oni, declined comment on the ruling but Austin Alegeh (SAN), counsel for Ibori, described the exoneration of his client as a welcome development. Only a few journalists were allowed into the court room by security operatives.

Scores of loyalists of the who were in court, celebrated immediately after the ruling. A thanksgiving service was held on Thursday at the Catholic Chaplaincy in the deputy governor’s office, Asaba, which was well attended by top government functionaries and the political class.

The EFCC arraigned Chief Ibori in Abuja in 2007 over money laundering but the case was later transferred to Asaba this year, after the state government provided a building to house a federal high court. However, the EFCC, on Thursday, said it would file an appeal in a higher court against the decision of the Federal High Court.

In a release signed by the head, media and publicity of the commission, Mr Femi Babafemi, the EFCC said it was not surprised by the decision of the court. He further said: “In view of our determination to prosecute this case to a logical conclusion, and our strong belief that this hazy judgment 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 judgment at a higher court.

“We are convinced that this judgment 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 judgment, 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.

“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.” Meanwhile, Delta State deputy governor, Professor Amos Utuama (SAN), said the judgment on Ibori had vindicated him and silenced the plans of his traducers.

Utuama’s Prime Chambers was alleged in the suit by the EFCC against Ibori, as having been used to launder millions of naira during the accused’s tenure as governor of Delta State, when the deputy governor was the attorney-general and commissioner for justice.

Utuama, SAN, while fielding questions from reporters after the ruling, said, “I feel vindicated because even though I was attorney-general of Delta State, as a lawyer whose chambers are registered, the chambers can practise law for financial reward.

“The enemies got it wrong. They thought as a public officer, the chamber is also a public office 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, 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.”