Funso Muraina and Damilola Oyedele
9 October 2007
Abuja — Another round of legal fireworks will soon commence in the move by the British government to seize assets belonging to the former governor of Delta State, Chief James Ibori, estimated to be worth £70 million (about N 17 billion).
THISDAY was informed last night that the Court of Appeal Criminal Division in London, UK, has granted a stay of execution of last week's order by the Southwark Crown Court which had returned the former governor's assets to him.
The Crown Court had on October 1 vacated its August 2 restraining order on Ibori's property following moves by the Crown Prosecution Service (CPS)-equivalent of Nigeria's Directorate of Public Prosecutions (DPP)-to prosecute the former governor under the British Proceeds of Crime Act 2002.
However, the CPS has decided to appeal against the judgment, leading to the granting of an ex-parte motion yesterday for the status quo before the October 1 ruling of the Crown Court to remain.
The Order read: "The Court of Appeal Criminal Division on 8 October 2007 considered the application for leave to appeal against the order dismissing the Restraint Order made on 2 August 2007 prohibiting the disposal of assets made against the Respondent [Ibori] by the Crown Court at Southwark on 1 October 2007 (pursuant to section 41 of the Proceeds of Crime Act 2000) and has (1) Stayed the ruling of the Court made on 1 October 2007 to discharge the Restraint Order made by His Honour Judge Goymer of the 2nd August 2007; (2) Granted leave to appeal and adjourned the hearing of the appeal to a date to be fixed; (3) Directed that a directions hearing be listed with the attendance of Counsel for the Respondent on a date to [be] fixed before the appeal hearing to be listed before a Judge of this constitution "
The British Director of Public Prosecution, Mr Ken Macdonald (QC), had reportedly communicated the intention to appeal against the judgment to the Attorney General of the Federation, Mr. Michael Aondoakaa.
A statement on the communication between the law officers of the two countries was made available to journalists yesterday by the office of the AGF.
Macdonald, according to a press release from the office of the Attorney-General, urged the AG to prevail on Economic and Financial Crimes Commission (EFCC) to make available to him evidence obtained on the offences committed by Ibori.
The evidence, he said, would assist them in prosecuting the appeal.
Aondoakaa said government would do "everything possible" to cooperate with the British government, saying the present administration would not shield anyone accused of corruption.
Responding to the new development last night, media Adviser to Ibori, Mr. Sheddy Ozoene, said: "It has come to our knowledge that the Crown Prosecution Service (CPS) which brought the request for a restraining order on the assets of Chief James Ibori to the Southwalk Crown Court, has gone on appeal against the October 1 judgement of Judge Goymer, QC. This follows the order of the Court of Appeal Criminal Division which was made ex parte today
"This is as expected, considering the massive blow suffered by the CPS, following Judge Goymer's declaration that it has woefully failed to adduce convincing evidence to sustain the restraining order earlier granted on Ibori's assets.
"Chief Ibori welcomes this development and restates his readiness to defend his name and assets acquired through legitimate pursuits, to the highest courts in the United Kingdom. He therefore reaffirms his confidence in the Court of Appeal in London, to do justice to the matter by dismissing the appeal.
"It is noteworthy that the burden of proof has totally shifted to the prosecution to show why the Southwalk Crown court's decision should be reversed.
"Chief Ibori is being represented by Mr. Ian Timlin, partner and Julie Thrower (solicitor) of leading City dispute resolution solicitors, Speechly Bircham LLP."
On Monday, last week, the Southwark Crown Court had vacated its August order restraining the former governor, Erin Aviation and others from interacting with his assets in the United Kingdom pending the determination of the case.
The court then ordered the CPS which brought the matter against Chief Ibori to pay all of Chief Ibori's and other parties' costs in respect of the restraining order which included the costs of both the hearings on August 2 as well last week's ruling and all other accompanying legal work.
Counsel for the Crown, Jonathan Hall, had conceded at the hearing on August 2, that there was "something of a dearth of evidence against James Ibori". Judge Goymer had also made it clear that on the return hearing on October 1, 2007, he would "need to be satisfied that the Crown had made progress" and that "there was a real prospect of prosecuting the Respondent".
Judge Goymer deemed "two months sufficient opportunity for the Crown to interview Chief Ibori and to reach a decision as to whether or not to charge him".
Nigeria's Attorney-General had been blamed in many quarters for frustrating the case against Ibori. He had written a letter to Ibori's lawyers in London clearing the former governor of any wrongdoing, and it was believed that the lawyers relied on the letter to get the Crown Court to discharge its earlier order.
However, Aondoakaa claimed yesterday that the British government had cleared him of any form of complicity in the ruling vacating the restraining order.
In a press release signed by his Press secretary, Mr. Taiye Akinyemi, he disclosed that a letter to the effect was received from the British Director of Public Prosecution to state the position of the British government.
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