Court Stops Investigation of Ibori
From Omon-Julius Onabu in Warri, 10.11.2007

http://www.thisdayonline.com/nview.php?id=91968

Twenty-four hours after President Umaru Musa Yar’Adua announced that he had authorised a visit to Nigeria by the London Metropolitan Police conducting a criminal investigation of Chief James Ibori, the Delta State government has secured a court injunction to halt the process.
A Federal High Court in Benin City, Edo State, yesterday issued an order of interim injunction, which restrains the Economic and Financial Crimes Commission (EFCC) from carrying out certain actions against some serving and erstwhile office holders in Delta State, including former governor, Ibori.
It is not yet clear what effect this would have on the Met Police investigation since the EFCC has conducted one earlier.
The order, signed by the Presiding Judge, Justice G.C. Okeke, was in response to an ex-parte application by the Attorney-General of Delta State, the Delta State Government, Secretary to the Delta State Government and the Auditor-General of Delta State asking for an injunction restraining the EFCC, its Chief Executive and/or the Attorney-General of the Federation (the defendants) from carrying certain actions being contemplated against the applicants.
In the order, the court, which also fixed October 30, 2007 as the date for the hearing of the “Motion on Notice”, equally restrained the defendants’ agents or privies from acting in any manner against the plaintiffs in regard of the concerned prayers upon which the order was issued.
The applicants had prayed the court for:
“An Order of Interim Injunction restraining the Defendants, their agents, servants, privies or any person(s) acting for or through them from taking any step whatsoever to compel the Plaintiffs/Applicants including current or erstwhile holders of offices in the Delta State Government to produce ort submit the document(s) of information requested by the 1st Defendant (EFCC) from the 1st Plaintiff/Applicant through its letter of 6/06/07 with Reference to CR: 3000/EF-CC/ABJ/ASO/TM.3/Vol.2/321 entitled “Investigation Activi-ties; Request for Information “ pending the hearing and determination of the Motion on Notice.”
The Applicants also sought an interim order restraining the Defendants and others “from arresting or detaining any current or erstwhile functionary of the Delta State Government from May 1999 to June 2007 including but not limited to: (a) Chief James Ibori (b) Chief Benjamin Elue (c) Mr. Ede Oghoro (d) Mr. Charles Israye, in consequence of the alleged investigation touching on the accounts, contracts, etc.”
The Court noted that it issued the Order consequent upon the “Affidavit in Support and the Affidavit of Urgency” deposed to Delta State Solicitor-General and Permanent Secretary, Ministry of Justice, Asaba, Delta State.
The order of Interim Injunction was consequently granted in accordance with the aforementioned terms of prayers contained in the plaintiffs application, including retraining the Defendants from “taking any step to freeze any of the accounts of the 2nd Plaintiff or any of its offices, Ministries or agencies maintained in any bank in Nigeria” in consequence of the said EFCC’s letter.
Officers of the Met Police are expected in the country any moment from now.
Meanwhile, Lagos-based lawyer, Mr. Femi Falana, has said the assurance on Ibori by Yar’Adua was not enough.
He noted that in a bid to assure Nigerians and the international community that the president “will no longer shield ex-governors from investigation and prosecution he has directed the Attorney-General and Minister of Justice, Chief Michael Aandokaa (SAN) to co-operate with the visiting Metropolitan Police officials. In view of the controversy which the letters exchanged between the Attorney-General and Chief Ibori’s lawyers in London has generated it is pertinent to draw the attention of the Federal Government to the following provisions of the relevant enactments:
• By virtue of Section 6(k) of the Economic and Financial Crimes Commission Act EFCC 2004 the Commission is responsible for ‘dealing with matters connected with extradition, deportation and mutual legal or other assistance between Nigeria and any other country involving economic and financial crimes.’
• Pursuant to Article 3 of the Agreement between the Governments of Nigeria and United Kingdom Concerning the Investigation and Prosecution of Crime and the Confiscation of the Proceeds of Crime the Attorney General of the Federation is required to make a request for the freezing or confiscation of proceeds of crime belonging to Nigerians which may be located in the United Kingdom.
• Article 46 of the United Nations Convention Against Corruption (which has been signed and ratified by Nigeria) imposes an obligation on the Federal Government to engage in international co-operation through mutual legal assistance in gathering and transferring evidence for use in court in foreign countries.
“In the light of the foregoing the Yar’Adua regime is required to take the following steps:
•The Federal Government should co-operate fully with the British Government in the investigation of the £35 million assets of Chief Ibori suspected to be proceeds of crime.
•The Attorney-General should be directed to make a formal request for the freezing of Chief Ibori’s assets valued at £35 million. If this is not done Chief Ibori’s lawyers may produce in the Criminal Appeal Court in London the Attorney-General’s letter dated 7th August 2007 wherein he stated that he had not requested for the freezing of the said assets!
“(iii.) The Metropolitan Police officials should be granted unimpeded access to the Economic and Financial Crimes Commission in the investigation of the case.
“Unless the aforesaid measures are adopted by the Federal Government forthwith the order freezing Chief Ibori’s assets may be vacated once again without any explanation as to how they were acquired.”
The president had been widely accused of being privy to the attempts by the Attorney-General to frustrate the efforts of the EFCC in prosecuting some top politicians over allegations of corruption under the pretext of “rule of law”.
But in a statement issued by Special Adviser to the President on Communications, Mr. Olusegun Adeniyi, on Tuesday, President Yar’Adua assured he would never be deterred from the “sincere and total prosecution” of the war against corruption by the status of accused persons or whatever claims they may imagine they have on his goodwill.

I think the whole "rule of law" and "due process" mantra is going to kill Nigeria. It is high time injunctions that are issued left,right and center are stopped and Justice allowed to take its course!

Shocking - what interest does the Delta State government has in Ibori?

Since the Met police is not mentioned in the injunction or neither are they resondents in the case, I dont think it will stop them.

Wonders shall never end. It is payback time now for the governor and he is not doing badly at all. We are now seeing why Ibori installed the man there as governor. One thng is clear, though, Ibori can only run but he can not hide. The arms of the law is long enough to catch up with him willy-nilly.

A nasty thought just flashed through my mind now, could it be possible that Aondoakaa, the AGF, might be part of this game? Just imagining!

It is Micheal Aondoakaa's new joker. The President's order on him reads

Furthermore, the President has directed the Attorney-General of the Federation to give the fullest possible cooperation to the officers of the Metropolitan Police in their quest for evidence of offences allegedly committed by Ibori

At this stage it becomes impossible for Micheal Aondoakaa to gather any facts for London Met, meanwhile remember that London Met can not go to Delta State to gather facts without through the office of the AGF.

The AGF is using State might to fight the State.

But out of curiousity

Why has Ibori refused to approach another court in London to give him immunity from investigation and prosecution by London Met police. Why is he rather defending his case where he is charged by the London Met.

Does it mean the UK Government has no respect for "rule of law"

The Nigerian version of the good-ole rule of law

desgiezd:

Wonders shall never end. It is payback time now for the governor and he is not doing badly at all. We are now seeing why Ibori installed the man there as governor. One thng is clear, though, Ibori can only run but he can not hide. The arms of the law is long enough to catch up with him willy-nilly.

A nasty thought just flashed through my mind now, could it be possible that Aondoakaa, the AGF, might be part of this game? Just imagining!

Did you know that the present governor Emmanuel Uduaghan is Ibori's cousin on his mother's Itsekiri  side?  So do not expect him to touch a hair on Ibori's body.  This is Nigeria.  Anyway, if IBB, OBJ, Anenih and the "big boys" are still roaming free, I do not see why Ibori should be prosecuted?  I think we are reaping the fruits of our labour.

I fear the worse my brothers.[/color][color=#990000][/color][color=#990000][color=#990000][/color]

Anyway, if IBB, OBJ, Anenih and the "big boys" are still roaming free, I do not see why Ibori should be prosecuted. I think we are reaping the fruits of our labour

You've said it all i cound'nt have said it better, we will all be fooling our selves if we expect justice to emanate from the side of the Nigerian government, They will do what ever they can in their capacity as a government to shield Ibori from any form of presecution that might come his way from the british authorities, This man Ibori was very instumental and helped in facilitating the Yar'adua's campaing( i read some where that he offered about 10billion naira to the presidents campaing). we shouldnt expect any form of support from the nigerian government that will lead to his downfall, the president is threading carefully so as not to bite the hands that feed him before.

mellow:

I fear the worse my brothers.[/color][color=#990000][/color][color=#990000][color=#990000][/color]

Well, have no fear--don't you believe in the "Sweet Wind" theory anymore?

mazaje:

You've said it all i cound'nt have said it better, we will all be fooling our selves if we expect justice to emanate from the side of the Nigerian government, They will do what ever they can in their capacity as a government to shield Ibori from any form of presecution that might come his way from the british authorities, This man Ibori was very instumental and helped in facilitating the Yar'adua's campaing( i read some where that he offered about 10billion naira to the presidents campaing). we shouldnt expect any form of support from the nigerian government that will lead to his downfall, the president is threading carefully so as not to bite the hands that feed him before.

You got it! The same old dirt bags taking us for a ride in Nigeria and some are talking about anti-corruption. Not till these old bags are jailed and prosecuted--we have no right dealing with the likes of Ibori. Because by extension, these old criminals are still ruling Nigeria even from the graves!

Hey, with this kind of brilliant analysis coming from some of you, why don't we just save
the government some money (to be looted anyway) by opening up all the prisons, since
OBJ, Anennih, and the "Big Boys" are roaming free?

Maybe some of you missed it why you were sleeping, but a new industry has been given
birth to in Nigreia: kidnapping for ransom. You know the white guys are getting in short
supply, so they are moving on politicians and other Nigerians in the oil industry.

Very soon, it will be open season and everyone of you and yours will be game. Yes, its
localized in the Niger Delta today, but you can bet its coming to an area near you. Lets
just fold our hands and not do anything because some of the kidnappers have gotten
ransom money in the past and are roaming free today. Brilliant idea indeed!

And whom do you blame for the "noveau de crime waves and sprees"? When the godfathers of crime are still garnering a faithfull fellowship around Nigeria, it only gets "better", till everyone participates in the lucrative venture of "criminality". So sit back and enjoy the free for all ride!