Appeal Court orders transfer of Ibori’s case
Written by AbdulRaheem Aodu, Kaduna
Saturday, 20 December 2008

Former Governor James IboriThe Court of Appeal sitting in Kaduna yesterday ordered the transfer of the case involving former governor of Delta State, James Ibori to the Chief Judge of the Federal High Court for reassignment to another court of competent jurisdiction for trial.
The appellate court said the Economic and Financial Crimes Commission (EFCC) has no powers to try accused persons outside the jurisdiction where their alleged offences were committed, adding that for the EFCC to act as investigator prosecutor and at the same time go “forum shopping” for judges amounted to persecution and not prosecution of the accused persons.


Delivering a unanimous judgment yesterday in an appeal filed by Ibori against his trial at the Federal High Court, Kaduna, the three-man appellate court ruled that the EFCC erred by taking the case away from Delta State where Ibori allegedly committed the offences to Kaduna.
Ibori’s counsel, Chief Joseph Daudu (SAN) had appealed against the trial of the former governor at the Federal High Court Kaduna presided over by Justice Mohammed Lawal Shuaibu. Daudu wanted the case to be transferred to the Chief Judge of the Federal High Court for reassignment to a court of competent jurisdiction close to where the offences were allegedly committed.
According to Daudu, the trial of his client in Kaduna, several kilometres outside Delta State where the alleged offences of money laundering, corruption and other financial crimes were committed amounted to denial of his client’s fair hearing. More so, that it would not be convenient for him to transport over 200 witnesses and classified documents belonging to Delta State to Kaduna for the trial proper.
But counsel to EFCC, Mr. Rotimi Jacobs countered saying that the Federal High Court had jurisdiction to try any case committed against the Federal Government in any part of the country. Jacobs cited the trial of late Chief Moshood Kashimawo Olawale Abiola versus the Federal Government, where the late businessman was taken to Abuja for trial instead of Lagos where he allegedly committed the offence, as precedent.
The presiding Judge, Justice Amina Adamu Augie after reviewing the argument of both the prosecution and defence counsel, dismissed the EFCC position to try Ibori in Kaduna. She noted that the case of Abiola was quite different as it was that of treason which is a crime against the entire country while that of Ibori, is a criminal matter which should be tried at the nearest Federal High Court.
Wondering why the EFCC should investigate, prosecute and at the same time look for a judge of its choice, the presiding judge contended that there would have not been any need to set up judicial divisions if an accused person can be taken to any judge of the Federal High Court for trial. She said it was improper to have passed through Benin and Abuja judicial divisions of the court to Kaduna. On the allegations of bias, which the lower court dismissed, Augie ruled that Justice Shuaibu missed the point as favouritism does not imply just bribery or that someone has compromised himself.
She said it was improper, “for EFCC to seek him (Justice Shuaibu) out, although he is not an EFCC designated judge and the issue of bias is not about bribery or pecuniary interest of the judge,” as ruled by Justice Shuaibu but that “all judges are suppose to be seen to be fair and impartial by those who appear before them.”
Justice Moshood Abdulrahman Oredola in his ruling also agreed with the view of the presiding judge saying that an accused person should be tried at the court of proximate jurisdiction where the alleged offences were committed. “The fact that there is only one Federal High Court does not mean that you can uproot an accused person from any where and plant him wherever you want,” he said.
According to the presiding judge, Justice Abdulkadir Jega, who was absent during the judgment concurred with the judgment making it a unanimous decision.

https://www.nairaland.com/nigeria?action=post;board=20.0
Hmmn He wants to be tried by his Brothers? those he has bought over abi?

Issorite