Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori - Politics - Nairaland
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| Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Nobody: 6:49am On Apr 23, 2012 |
JUSTICE Marcel Idowu Awokulehin who exonerated former governor of Delta State, James Ibori, now serving 13 years jail term in the United Kingdom, has stated that his conscience is clear over the clean bill he granted the convict. The judge, who was making reference to his judgment over Ibori’s case at the hearing of a case involving a Peoples Democratic Party (PDP) gubernatorial aspirant, Terver Kakii and Governor Gabriel Suswam at the Federal High Court sitting in Makurdi, the Benue State capital, recently enjoined Governor Suswam’s lead counsel, Mr Jubrin Okutepa SAN, who argued on how a local publisher in the state dragged the judiciary through the mud in his publication not to be disturbed with any publication against the judiciary “once your conscience is clear.” According to the judge, “let me give you an instance, I read a column in This Day newspaper over my ruling in the case involving James Ibori. The columnist, in his write-up said he wondered what will be running through my mind now that Ibori had admitted guilt in London to the case I exonerated him of.” Justice Awokulehin further said that there was a sharp difference between criminal law in Nigeria and Britain, stressing that Nigerian law states that any criminal law should be proved beyond reasonable doubt while that of Britain is inference. The judge, who is based in Nasarawa State but was assigned to handle the case which had suffered a setback, said “I am always guided by the submission of Justice [Dahiru] Musdapher who said that one should not mind what people say as long as your conscience is clear in your decision. “What the Nigerian law says over criminal case is that such allegations must be proved beyond reasonable doubt, which is different from British law which is based on inference. What happens there is to assume, so, SAN, do not border about what the witness wrote.” Mr Okutepa SAN had in his cross-examination of the witness, one Faatever in the case between Terver Kaaki and Governor Gabriel Suswam over last year’s primary election before the judge, said that the witness who is also a local publisher had rubbished the integrity of the judiciary in his local paper, accusing some judges of the Appeal Court of bias. It will be recalled that former Governor Ibori was last week sentenced to 13 years in prison, having admitted stealing money from his state and laundering it in London totalling over 79 million US dollars. http://tribune.com.ng/index.php/news/39661-iboris-case-my-conscience-is-clear-justice-awokulehin-who-cleared-ex-delta-gov-says-there-is-difference-between-criminal-law-in-nigeria-and-britain |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by CyberG: 7:22am On Apr 23, 2012 |
Is he trying to say that Nigerian Law is more precise while British Law is somewhat lose and a case does not have to be proven so precisely but even by inference, a judge can convict an accused? I hope lawyers who know Nigerian and British law can come clarify this. However, it seems rather ridiculous that the Nigerian legal system that came years after formal legal practice had been successfully practiced would now be more precise than the British one? I doubt it and it is the $5 Million dollar "kangaroo" money that is still "clearing your conscience". Time will tell. 1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by okosodo: 8:29am On Apr 23, 2012 |
Nigeria |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Nobody: 8:32am On Apr 23, 2012 |
what about the 15million dollars bribe that Ribadu sent his men to collect and deposit at CBN. So that is not enough, maybe CBN should have returned the money to Ribadu for keeps. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by kokoA(m): 8:36am On Apr 23, 2012 |
Who gives a rat @$s about the bloody judge? He has no conscience in the first place not to talk of a clear one. Bloody corrupt old man! 1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by doctokwus: 9:51am On Apr 23, 2012 |
Here is a poser& its bn bothering my mind.What if a judge was once given a bribe money of about $50m(whc is not impossible in d nigerian context) 2 deliver a favourable judgement to one party;den he thereafter subsequently goes ahead to b delivering fair& just judgements wt further cases of other parties brought b4 him bc he now has enuf financial freedom to take care of his generations yet unborn;is he/she now to b classified as being an honest judge or not? |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by ifyalways(f): 10:19am On Apr 23, 2012 |
Not surprised at his statement.Is he not a Nigerian?He must always save face,shift the blames to others and weave out pathtic excuses. Anyhow e be,ogoro must jump and chop. . .shebi na our proverb innit? |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Angelmart(f): 10:24am On Apr 23, 2012 |
It is only God that will deliever this country from the hand of evil men, a country where conscience had bn thrown to the wind. May God have Mercy on us and deliver us. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by sonyjacobs(m): 10:26am On Apr 23, 2012 |
it wil be very dificult 2 beleive dat d jugde has not collected bribe. Milions in dollar is very tempting |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by mykejones(m): 10:29am On Apr 23, 2012 |
Really,dis man would have done himself more good if he had jus kept his trap shut! 3 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by PBundles(m): 10:39am On Apr 23, 2012 |
CyberG: Is he trying to say that Nigerian Law is more precise while British Law is somewhat lose and a case does not have to be proven so precisely but even by inference, a judge can convict an accused? I hope lawyers who know Nigerian and British law can come clarify this. However, it seems rather ridiculous that the Nigerian legal system that came years after formal legal practice had been successfully practiced would now be more precise than the British one? I doubt it and it is the $5 Million dollar "kangaroo" money that is still "clearing your conscience". Time will tell. Let me help you out. He is saying that if you are accused of stealing NGN 5MM and they find NGN 4,999,999.99 becauae of the 0,01 you are not guilty because there is doubt on the 0,01.  They must think we are really stupid. Could also be he is referring to the JZ album Reasonable Doubt. 4 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by donpeluchi(m): 10:48am On Apr 23, 2012 |
Mr judge, one of the charges brought before you was the fact that ibori bribed a fedral agent with 15 million dollars which was deposited at the CBN. If there was no proof for his other Crimes, at least there was proof for this crime yet you went ahead to dismiss the case. Nigerians aint that foolish!!! 2 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by kulutempa: 10:54am On Apr 23, 2012 |
I have just finished reading Justice Awokulehin's judgment in the Ibori case and his reasons for his decision. The man must be either a liar or an ignorant fool. What he failed to mention is that a defendant can be convicted not only on the basis of direct evidence but also on circumstantial evidence which taken together point to his guilt. What he basically did in his judgment is to require the Prosecution to prove that all the Defendants directly laundered money by way of payments into and out of their personal accounts, without considering the role of intermediaries which we all know is not the way it works in practice. Even more shocking, is the count that relates to the attempt by James Ibori to bribe Nuhu Ribadu with $15 million in cash through Dr Andy Uba. The Judge held that there is no witness statement from Dr Andy Uba to say whether Ibori gave him money, and the purpose to which the money was given! Apparently Justice Awokulehin expects Dr Uba to either incriminate himself, or turn to a Prosecution witness! It is on the basis of the lack of such a statement that the count and all the other 169 counts were dismissed. As a lawyer what I find even more shocking is that the case was not a trial but a preliminary hearing about whether Ibori has a case to answer (prima facie case). However I think that there is a lot to be said for money laundering legislation in Nigeria to be redrafted to include lifestyle inferences such as a civil servant living about his means and owning 5 houses and 10 cars. The link to the case is here http://www.debateandreview.com/law/personal-tech/347-efcc-vs-james-ibori-the-decision 6 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Nobody: 10:54am On Apr 23, 2012 |
this judge needs to be charged for something! pls lawyers in d house, ain't there a name for a suit against such? damn!!! |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by akinnux(m): 11:02am On Apr 23, 2012 |
Bloody old fool. Any country that has five of his type is doomed. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by ITbomb(m): 11:13am On Apr 23, 2012 |
Please lawyers in the house what is inference? Justice Awokulehin further said that there was a |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Beaf: 11:23am On Apr 23, 2012 |
The man should be purged from the judiciary.  |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by uncleb(m): 11:42am On Apr 23, 2012 |
DEAD conscience |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Demdem(m): 11:42am On Apr 23, 2012 |
Beaf: The man should be purged from the judiciary. The RETARDEEN is currently reforming the judiciary nauuuu  1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by MacLovington(m): 11:46am On Apr 23, 2012 |
Awokulehin collected $5m and he was even chosen by Ibori in a FHC hurriedly set up by Uduaghan in Asaba. That has been all over the web for years now. Ibori had to have a Federal High Court set up purposely for him instead of being sent to FHC in Benin or Enugu. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by uncleb(m): 11:47am On Apr 23, 2012 |
kulutempa: I have just finished reading Justice Awokulehin's judgment in the Ibori case and his reasons for his decision. The man must be either a liar or an ignorant fool. What he failed to mention is that a defendant can be convicted not only on the basis of direct evidence but also on circumstantial evidence which taken together point to his guilt. What he basically did in his judgment is to require the Prosecution to prove that all the Defendants directly laundered money by way of payments into and out of their personal accounts, without considering the role of intermediaries which we all know is not the way it works in practice. Even more shocking, is the count that relates to the attempt by James Ibori to bribe Nuhu Ribadu with $15 million in cash through Dr Andy Uba. The Judge held that there is no witness statement from Dr Andy Uba to say whether Ibori gave him money, and the purpose to which the money was given! Apparently Justice Awokulehin expects Dr Uba to either incriminate himself, or turn to a Prosecution witness! It is on the basis of the lack of such a statement that the count and all the other 169 counts were dismissed. As a lawyer what I find even more shocking is that the case was not a trial but a preliminary hearing about whether Ibori has a case to answer (prima facie case). However I think that there is a lot to be said for money laundering legislation in Nigeria to be redrafted to include lifestyle inferences such as a civil servant living about his means and owning 5 houses and 10 cars. The link to the case is here http://www.debateandreview.com/law/personal-tech/347-efcc-vs-james-ibori-the-decision Kulutempa. Please help u tell your learned colleagues to stop collaborating with criminals in killing our economy. If all cases of corruption have be decisively and unbiased dealt with, by now this country would be on a path of greatness. But people steal and commit all manner of atrocities with impunity, knowing fully well that they can always pay through to suppress justice 1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by faithin9ja: 11:50am On Apr 23, 2012 |
What a fool!!!! I feel for his children. Nigerian law is a direct descendant from British Law - British law clearly states 'beyond reasonable doubt'. Civil law both in Nigeria and Britain rely on so-called 'inference' Ibori's case in Asaba and UK were both criminal and not civil. It is better to remain silent and be thought a fool than open your mouth and remove all doubt. We all thought this man was a fool, he has now proved it 'beyond reasonable doubt'. 4 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by callmenow: 11:56am On Apr 23, 2012 |
Nigeria is a state in transition. The Nigerian 'Judiciary' will mature with time. The current state is corrupt because the stakeholders are immune to public, moral and populist cry for justice. We can use the epithet '419 Judiciary' to qualify all of them. I am disappointed in GEJ. The three pillars of a just society has always been Justice, Economy, Education. GEJ has taken his eyes of the ball. His reforms should embrace enacting the necessary legislation to bring Nigeria to world class. There are daily extra judicial killings across the Country, at a bigger scale than Boko Haram could muster. There are endemic corruption at the customary, magistrate and High Courts in all jurisdiction in the country. Yet everyone is enthused by the latest revenue sharing allocation. Until the executives and the legislators decide to save this country, we will continue to be the laughing stock of the world. Because we deserve to be. Let this forum start an online petition to GEJ and David Mark / Tambuwal to do something. 2 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Nobody: 12:10pm On Apr 23, 2012 |
akinnux: Bloody old fool. Any country that has five of his type is doomed. haaa 5 is too much.. Just 3 and d nation will be on fire.. Buh 5 the nation will sink |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Koolking(m): 12:44pm On Apr 23, 2012 |
chuks01: JUSTICE Marcel Idowu Awokulehin who exonerated former governor of Delta State, James Ibori, now serving 13 years jail term in the United Kingdom, has stated that his conscience is clear over the clean bill he granted the convict. No wonder our politicians loot the treasury without qualm and with impunity. When the % of the loots change hand, no lawyer will find it compelling to prove an allegation (against them) beyond reasonable doubt, even in face of stark evidence. Then it is safe to say, corruption has been legalised to a few privileged Nigerians. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by blackky187(m): 12:45pm On Apr 23, 2012 |
What else do you want the old man to say. This tells you how "rotten" the Nigerian Judicial system is. 1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Nobody: 12:48pm On Apr 23, 2012 |
it is now clear why public office holders steal with much guts.the judge has proven hw unreasonable he is beyond reasonable doubt 1 Like |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Koolking(m): 12:52pm On Apr 23, 2012 |
Since Nigeria has laws that can not convict criminals, it is expedient to revert to our traditional laws and jungle justices as last resorts in order to rid the country of foreseeable general moral anarchy. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by samtoye(m): 12:58pm On Apr 23, 2012 |
Thief !!!!! guilty conscience is pricking him!!!!! thunder fire am!!!! |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by kulutempa: 12:59pm On Apr 23, 2012 |
ITbomb: Please lawyers in the house what is inference? IT Bomb thanks for your question. I really have to say that your question has made it even clearer that the Judge was compromised. An inference is defined as a rule of logic applied to evidence in a trial. It is the same as saying that there is no smoke without fire. Basically it means a fact which is proved by presenting other facts, which then leads to only one reasonable conclusion. For example if A is in charge of a bank account, and makes a payment into B's bank account and the same payment is then made to C's bank account there is an inference that the payment must have originated from A's bank account and he cannot therefore deny that he was the source of the payment to C because he did not pay him directly. Where the Judge put his foot into his mouth is that establishing a prima facie case against a Defendant is more often than not all about drawing inferences on the available evidence which lead to the conclusion that the Defendant has a case to answer. It is after such inferences are drawn and a prima facie case established that the case then goes to trial and the issue of proving the case beyond reasonable doubt arises. As far as I am aware, there is no need to prove a case beyond reasonable doubt at the prima facie stage. The judge should go back to Law School. 3 Likes |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Reference(m): 1:14pm On Apr 23, 2012 |
So which set of laws does he think can be used to bring down this hydra-headed monster called corruption. Every where you shoot they shift the goal post. Even with Sharia law we have not exactly seen plane loads of polithieves dashing abroad to have severed limbs re-attached. Hopeless judiciary. |
| Re: Ibori’s Case: My Conscience Is Clear —justice Awokulehin, Who Cleared Ibori by Johnny(m): 1:22pm On Apr 23, 2012 |
If i were this man,i would never say anything concerning this case...which conscience is he talking about??Maybe a dead &evil conscience?? |
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