Corruption: EFCC removes Ibori from list of ex-governors on trial
By Olusola Fabiyi, Abuja
Published: Saturday, 11 Apr 2009
There are strong indications that the Federal Government and the Economic and Financial Crimes Commission might have tactically discontinued the corruption trial of a former Governor of Delta State, Chief James Ibori.

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Chief James Ibori

Presidency sources said that Ibori‘s name did not appear on the list of former governors still being tried by the EFCC for corruption while in office.

But the names of former governors Ayo Fayose (Ekiti), Orji Kalu (Abia) Chimaroke Nnamani (Enugu), Sani Ahmed (Zamfara), Saminu Turaki (Jigawa), Rashidi Ladoja (Oyo), Joshua Dariye (Plateau) and Jolly Nyame of Taraba State were still on the new list.

Also, it was gathered that the EFCC had appealed the ruling of the Federal High Court Enugu, on a former governor of Edo State, Chief Lucky Igbinedion.

The court had sentenced Igbinedion to a fine of N3, 579,524.16 on a one count charge, for his failure to declare the said amount found in his Guaranty Trust Bank account.

Before Igbinedion was let off the hook, he was slammed with a 191-count charge for corrupt enrichment, money laundering and embezzlement by the commission during the early period of his trial before the charges against him were abridged.

Ibori, the two-time ex-governor of Delta State, is believed to be the biggest financial sponsor of Alhaji Umaru Yar‘Adua‘s Presidential campaign in the 2007 election. His arrest, detention and trial marked the beginning of the chain of events that culminated in the removal of the former EFCC boss, Mr. Nuhu Ribadu.

It was learnt that the EFCC compiled the latest list of ex-governors undergoing trials, in which Ibori’s name was omitted, on Tuesday last week.

”Do you know that the commission has just compiled the names of those facing trials for alleged corruption and the name of Chief James Ibori is conspicuously missing? I don‘t know why it is like that, but all I can tell you is that his name is no longer on the list, which I saw,” a source in the EFCC said.

Since the inception of Yar‘Adua‘s administration, Ibori is known to be an influential figure supporting his government and had a cabinet nominee, just as he had followed the President on a state visit abroad.

Apart from his botched prosecution in Nigeria, Ibori was also tried in London where a case against him was dismissed on the grounds that the evidence did not emanate from the Nigerian government.

A day after the Court of Appeal in London ruled on the matter, the Minister of Justice and Attorney-General of the Federation, Chief Michael Aondoakaa, SAN, had said that the trial of Ibori would continue in Nigeria .

He said the Nigerian government would not shield anyone from being tried for corruption.

Andoakaa had said that the evidence of the London Metropolitan Police and the trial of Ibori were abuse of Nigeria ‘s bilateral agreement with the UK, stressing that his office would seek for the evidence with a view to studying it.

He had said, ”We have no intention to protect any corrupt person in the country. The case against James Ibori would run its natural course in the court. We protested against what the Met Police did, not because it was Ibori, but it was against the sovereignty of the country. We have to look at the treaty which says that such evidence must have the permission of the government as not doing that could lead to anarchy as several people could just come here and take evidence and use it to prosecute people anyhow.

”In that case, the sovereignty of Nigeria is at stake and I am happy the judges in London agreed that you don‘t just enter into another country and bring evidence against an accused person without the authority of the government in that country.”

Hardly had he finished speaking on December 19, 2008 than the Court of Appeal sitting in Kaduna said it was wrong to arraign the former governor in far away Kaduna.

The court said that it was wrong for the EFCC to try Ibori in Kaduna which is about 700 kilometres away from Delta State, where he allegedly committed the offence.

According to Justice Amina Adamu-Augie of the Appeal Court, who delivered the lead judgment, the case file should be returned to the Chief Judge of the Federal High Court for reassignment to a court of competent jurisdiction.

But since the December ruling, neither the EFCC nor Aondoakaa‘s office had taken any steps towards continuing the trial.

An EFCC source told Saturday Punch that since the Appeal Court ruling, many of the commission‘s cases against ex-governors had suffered set backs as they now claim that the courts where they were currently being tried lacked jurisdiction to handle their cases.

However, reacting to the delisting of Ibori‘s name from the EFCC list of ex-governors facing trial, Aondoakaa said the case would be pursued to its logical conclusion.

Speaking through his Chief Press Secretary, Mr. Taiye Akinyemi, on Thursday in response to an enquiry by our correspondent, the AGF reminded Nigerians who are anxious to see the determination of the Ibori case that the Halliburton bribe scandal happened 14 years ago and it is now that some facts about it are unfolding.

He said both the EFCC and the London cases would be looked into.

”This (London) case is not the type of case that can be rushed. What Nigerians should know is that there must be a structure and that rule of law must be followed. That is what the government is doing in collaboration with the foreign country involved,” Akinyemi said.

The AGF spokesman added, ”No matter the interest we have and our level of impatience, we must follow what the law says, and that is the only way we can achieve success. The request that the AGF talked about in December 2008, as you said, had been made and as soon as a reply is got, action would be taken and Nigerians would be duly informed
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