Again, court rejects bail for Ibori

Hassan Ibrahim, Kaduna - 16.01.2008

FRIENDS and political associates of the detained former governor of Delta State, Chief James Ibori, were stunned on Tuesday as Justice Mohammed Lawal Shuaibu of the Federal High Court sitting in Kaduna denied the former governor bail.

Police also arrested two protesters carrying placards who defied the heavy security at the court premises to voice their grievances to the government. Although, Chief Ibori had earlier appeared confident that he might get bail, the judge based his fate on a ruling on the bail application to be delivered on January 31.

Among people who came to the court premises was the former governor of Bayelsa State, Chief D.S.P Alamieyesiegha, who described Nigerians as “terrible people.” Justice Shuaibu fixed the date after listening to about three hours of submission by counsel to Chief Ibori, Joseph Daudu (SAN) and that of the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs.

The former governor is standing trial on a 129-count charge of money laundering, abuse of office and corrupt enrichment while in office. He is currently in prison custody together with Udoamaka Okoronkwo, his friend.

Counsel to Chief Ibori, Joseph Daudu, leading 28 others, argued that the submission on which the prosecution was basing their opposition to the bail application were mere assumptions which could not pass legal test.

He referred to the earlier ruling of the court when they made an oral application for bail, saying “if we stop at the ruling of this court, I would say that there is now an application on oath for bail backed by an affidavit as required by law.”

According to him, “in the case of the first accused person, there is a counter affidavit accompanied with an annexure which together with a further 35-paragraph affidavit is resisting the granting of bail by this court.

The lead counsel said that the his client should be granted bail in order to have unhindered access to his lawyers. “Even when he is discussing with his lawyers, there is always somebody watching over him. There is no privacy at all and the deliberations are not confidential. So, the client/lawyer relationship is not guaranteed,” he said.

On the claim of being an ex-convict and being convicted twice in London, Daudu said evidence adduced before the court was not sufficient to prove that Ibori was the one jailed by the court in London.

He said that the man who was convicted by the court in London that the EFCC was presenting in court was not James Ibori, but James Obori who was born in 1962, while James Onanefe Ibori was born in 1958, adding that “there is world of difference between the two names.”

Rotimi Jacobs, counsel for the EFCC, stated that the commission had sufficient evidence to prove that it was Chief Ibori that was convicted in London.

He said that the prosecution met all the requirements to tender the documents from the United Kingdom, adding that though all offences were bailable under the law, such bail was normally based on the nature of the offence and the weight of evidence against the accused persons.

“Being a former governor, Chief Ibori is likely to interfere with the course of justice and possibly the witnesses, the witnesses may not feel safe to come and testify before the court,” he said.

Dignitaries at the court included Dipreye Alamieyesiegha, Senator Patrick Osakwe, Senator James Manager, Chief Terry Waya, Speaker, Delta State House of Assembly, Dr. Imegwu Olisa and his deputy, Hon Solomon Fukekeme.

Also at the court were the former Secretary to the Delta State government, Mr. Ovie Omo-Agege; Chairman, Delta State PDP, Chief Emmanuel Ogidi; his deputy, Andrew Oru; Honourable Mercy Alumona-Isei, Honourable Halims Agoda and Chief Williams Ibori, elder brother of James Ibori.

Former Chief of the defunct Grassroot Democratic Movement (GDM), Gambo Lawan, Honourable Linda Ikpeazu, Chief Ighoyota Amori, members of the Delta State House of Assembly and aides of the former governors were also at the court premises.

Alamieyesiegha told newsmen that it was wrong to assume only the governors were the people who controlled public funds. He said the Federation Account was being shared by the three tiers of government, with the 36 states and the local governments collecting a total of 39 per cent while the rest went to the Federal Government.

“Nigerians are terrible people. We are all aware of how our federation account is being shared, 15 per cent for local government, 24 per cent for the 36 states and the rest for the Federal Government.

“What we are concentrating on today is the state. The local governments are also constituent part of the state, so if you add the 15 per cent to 24 per cent, it is only 39 per cent. What of the rest of the fund that is being controlled by the Federal Government.
“So the presidency and all ministers, none of them is corrupt? I wish you good luck,” he added.