DfID’s alleged funding of Ibori’s trial opens new questions
Clifford Ndujihe, Deputy Politics Editor, Vanguard
IT is about two months to the expected freedom for former Governor James Ibori of Delta State, who has been in a London jail over allegations of money laundering. However, issues and controversies arising from the trial are unending.
James Ibori
In the latest development, revelations by Mr. Lambertus de Boer, the man who facilitated the sale of Delta State’s shares in V-Mobile, has cast doubts on the credibility of the process that led to the incarceration of the former Delta governor. The London court found Lambertus guilty in the V Mobile case.
The sale of the shares for which the former governor was accused of profiting was a central theme in the prosecution marshalled by the Metropolitan Prosecution Service, MPS.
In a letter to Mr. Mark Lowcock, Permanent Secretary in the Department for International Development, DfID, dated August 21, Lambertus accused the DfID of funding the MPS investigations, which he said, highlighted the agency’s conflicting commercial interests and roles in the matter.
He wrote Lowcock because the DfID permanent secretary is a public official and someone responsible for the proper functioning and oversight of the United Kingdom’s humanitarian aid agency.
Noting that he is not opposed to the fight against graft, Lambertus said the issue with his case and the linked Ibori cases are:
* The MPS Proceeds of Corruption Unit (“POCU”) investigations were flawed;
* Proper disclosure was not provided as expected by every defendant in the British Legal system;
* DfID was and remains completely conflicted, holding roles on steering committees, paymasters/investors with Ibori through CDC (Commonwealth Development Corporation), etc.;
* DfID’s wide-ranging role as funder of the Ibori cases and V Mobile case was withheld;
* DfID’s and its subsidiary, CDC’s investments with James Ibori were withheld/hidden and never investigated;
* MPS POCU corruption now confirmed by the CPS to the Appeal Court; and
* Serious prosecutorial misconduct misleading both the Crown and Appeal Courts.
According to him, ‘’in the past six months, much about the police corruption and prosecution misconduct have emerged, particularly through the recently aborted Bhadresh Gohil Perversion of Justice (“PoJ”) prosecution in January 2016.
”Post this case, at the unilateral request of the Director of Public Prosecutions, the National Crime Agency (“NCA”) has been appointed to undertake a comprehensive review (including the safety of the convictions) of the Ibori cases and the V-Mobile case; to consider whether adequate disclosures were made to the various defendants and to the Crown and Appeal Courts and other possible directions.’’
Instead of allegedly devoting his efforts, and DfID’s huge (financial) resources to covering-up and sweeping away this staggering debacle, Lambertus urged Mr Lowcock to ‘’transparently and openly investigate’’ the inherent misconduct/conflicts such as:
* DfID’s funding of corrupt officers within the Metropolitan Police Service POCU unit;
* DfID’s use of international aid funds in funding UK prosecutions of UK/European nationals;
* Prosecutorial misconduct within the specialist CPS prosecution unit (in which the senior prosecutors have been stood down);
* DfID’s wide-ranging and undeclared conflicts in these proceedings to date (and ongoing) and previously undisclosed linked commercial interests through the CDC Group plc, its wholly owned subsidiary with James Ibori.
Apart from DfID’s relationship with Malam Nuhu Ribadu, the former Economic and Financials Crimes Commission, EFCC boss, who worked in DfID’s Afghanistan office, Lambertus said the DfID had a pre-trial arrangement to paid part of the recovered laundered money.
His words: Credible sources have now revealed that DfID entered into an agreement with the Nigerian Authorities in 2005 claiming the first £25m from all funds recovered during confiscation proceedings from Ibori and Ibori linked cases… DfID and CPS’s public statements linked to the Ibori case(s) have been exceptionally misleading in terms of the actual money amounts involved in relation to all these prosecutions.
DfID/POCU has repeatedly claimed that some $250 million was alleged to have been stolen by Ibori from Delta State. At the 2013 Ibori confiscation hearing at Southwark Crown Court, it became clear that HHJ Pitts, having heard the underlying evidence, was unable to make any such findings in relation to the DfID/POCU allegations. It is for this reason that Ibori’s long-running confiscation hearing remains outstanding.’’
He claimed that he is a victim of the same DfID funded corrupt Metropolitan Police Service (“MPS”) POCU as was Bhadresh Gohil, a co-defendant in the V-Mobile transaction and vowed that they would appeal their convictions.
‘’My appeal is based not only on the staggering police corruption but also given the heretofore non- disclosed material which clearly demonstrates the absence of any fraud/money laundering in the V-Mobile Case. It is now clear that prior to the commencement of the original December 2010 V Mobile trial, we were denied proper disclosure. Over the past six months, much about the police corruption and prosecution misconduct have emerged, particularly through the recently collapsed Bhadresh Gohil Perversion of Justice (“PoJ”) trial in January 2016. ‘’
Prosecutorial misconduct
Specifically, in relation to the V-Mobile case, he said the prosecutorial misconduct includes fundamental non- disclosures going to the heart of the prosecutions such as:
* DfID through its ownership of CDC Group plc was secretly the second largest shareholder of Dutch Antilles registered Celtel B.V. – the company that ultimately acquired control of V Mobile in June/July 2006. DfID’s role in this light was plainly conflicted.
* The CPS, its counsel Sasha Wass QC and Esther Schutzer-Weissman flagrantly misrepresented the true facts of the case throughout. False and unsupported claims were presented, whilst directly relevant and factual material was withheld from the Courts. Specifically, the extensive commercial relationships between CDC Group Plc (“CDC”)/Actis LLP (“Actis”) and Emerging Capital Partners LLP (“ECP”) and James Ibori linked commercial interests.
These relationships were never made known to the various defense teams. These were otherwise exposed by the BBC’s Newsnight, in conjunction with The Corner House in 2013. These commercial interests represented an important source of Mr. Ibori’s wealth and not as presented to the UK courts – theft from or diversion of funds from the Delta State.
*The DfID and CDC commercial involvements with Ibori linked companies were presented in the Memorandum to Secretary of State for International Development on 29 June 2010 through the collective efforts under the umbrella of the Jubilee Debt Campaign and The Corner House.
These previously undisclosed commercial linkages were further exposed by the BBC Newsnight programme. The Corner House provided a briefing document to Parliament in 2010-2012. Unfortunately, these co-investment and other commercial linkages remain open for proper investigation.
*DfID has also been conflicted on numerous levels in this case including, in funding the Nigerian Investigative body – the EFCC but also its chief investigator – Nuhu Ribadu, Ibori’s known political rival who it also appointed to work for its Afghanistan Office.
Attaching a summary of the V-Mobile transaction prepared on February 21, 2016, entitled: Lambertus de Boer-V Mobile Case-Validity of Services Provided to Clients Pleading Background–Pending Appeal and Kingsley Napley (“KN”) Representations Letter dated 24 June 2009 (letter had been dated 2008, a typo which remained embedded), Lambertus said he was diligent in performing the duties and executing the services under two Arranger Agreements (with Akwa Ibom State and Delta State respectively) and is of the view that no theft had taken place.

http://www.vanguardngr.com/2016/08/dfids-alleged-funding-iboris-trial-opens-new-questions/