We can’t transfer Ibori’s case - Court

Hassan Ibrahim, Kaduna - 11.03.2008

THE Federal High Court, Kaduna, on Monday said that the former governor of Delta State, Chief James Ibori, and his counsel did not do a proper investigation before accusing the court of likelihood of bias and, therefore, dismissed their application for the transfer of the trial to another court.

Ibori, in his affidavit in support of the motion, queried the Economic and Financial Crimes Commission’s (EFCC) decision to take him to Kaduna, saying it raised a presumption that the EFCC was looking for a favourable forum to prosecute him while the court might have certain elements of bias during the trial.

But Justice Mohammed Lawal Shuaibu, in his ruling, said the consequential effect of bias was not only far-reaching, but devastating.

He said there was a deliberate and calculated attempt on the part of Ibori to misinform the public over an “unfounded allegation which should be condemned in very strong terms.”

According to him,“on the strength of the foregoing, and considering the absence of any justifiable reason or reasons that the trial judge in this matter should bar himself from further participation in this case, the application is hereby dismissed.”

The judge also rejected Ibori’s argument that the court lacked jurisdiction to try and determine the matter as well as his contention that the manner in which the EFCC filed the case was not proper.

“It is pertinent to state at this juncture that the subject matter of the 129-count charges against the accused applicants relate to money laundering as contained in the Money Laundering Prohibition Act of 2003 and 2004.

“Money laundering, which is a species of economic and financial crime, is exclusively within the jurisdiction of the Federal High Court and it is within the jurisdiction of this court to hear and determine the matter of the 129-count charge.”