George Oji
14 December 2007
Kaduna — The Economic and Financial Crimes Commission (EFCC) has accused the former Delta State governor, Chief James Onanefe Ibori, of making a $15 million cash payment to bribe its officials to influence investigations into his activities.
The allegation was part of the 103-count charge preferred against Ibori yesterday at the Federal High Court sitting in Kaduna.
Ibori was charged with money laundering and stealing, all amounting to about N6.4 billion.
The charge sheet also showed that the former governor allegedly used about 15 fictitious names to acquire shares in AfriBank to the tune of about N2.77 billion.
Some of the fictitious names used to acquire the AfriBank shares included; Global Heritage International, Fortress Construction co., Sandton Nigeria Limited, Ogan Global Nigeria Limited, Azani Nigeria Ltd, Zaragoza Nigeria Ltd and Jakpan Nigeria Limited.
Others are Limpop Nigeria Ltd, Kent International Ltd. Mombasa Nigeria Ltd, Lugba Nigeria Ltd, Abajin Nigeria Ltd, Arusha Nigeria Ltd and Double Dip Nigeria Ltd.
Although Ibori pleaded not guilty to all the charges, the court presided over by Mr. Justice Mohammed Lawal Shuaibu, however, ordered that the former governor be remanded in EFCC's custody till Monday, December 17, 2007 when the court will rule on his bail application.
Also yesterday, the court was told that the former governor had been convicted twice in the United Kingdom on criminal charges.
The revelation was made by Mr. Rotimi Jacobs, counsel to EFCC, while opposing the oral bail application made by Ibori's lead counsel, Mr. Joseph Daudu (SAN).
Ibori was taken into EFCC's custody on Wednesday following a Federal High Court warrant of arrest which empowered the commission to arrest the former governor to answer to the charges against him.
The former governor was also accused of lodging huge sums of money running into millions of naira belonging to the Delta State Government into his private accounts.
Accused along side Ibori and Ms. Uzoamaka Okoronkwo are three other corporate persons, MER Engineering Nig. Ltd, BAINENOX Limited and SAGICO Nig. Limited
Ibori was brought to court at exactly 9.50 am in a Peugeot Expert Bus with registration number Nasarawa AA 698 NBB accompanied by some operatives of the EFCC.
The former governor who adorned a stripped blue flannel up and down attire came in company with his second accused colleague, one Okoronkwo, in the same bus.
Even though it had earlier been reported that yesterday's trial would commence at 9.00am, proceedings did not start until about 9.16am.
The matter was, however, stood down for about 30 minutes on the request of Jacobs supported by one of Ibori's lawyers, Mr. Alex Zinyon (SAN), to enable the accused and the other counsel coming from Abuja arrive the court.
Ibori and Okoronkwo were ushered into the court at exactly 9.55 am for the commencement of their trial, by which time his other legal team members had also arrived the court.
Shortly before he commenced his address to the court, Jacobs was cut short by Daudu, who informed the court that the person named as the second accused was not exactly the person being arraigned in court.
He pointed out that the person arraigned was Uzoamaka Onuigbo and not Uzoamaka Okoronkwo as contained in the charge sheet.
Jacob who interjected the observation noted that it was premature at this stage to raise such observations insisting that the commission had documentary evidence to show that the second accused in the dock was the same person being referred to in the charge sheet.
He stated that in any case going by the provisions of Section 147 of the Criminal Procedure Act (CPA), the commission had the prerogative to attach any name it desired to the accused person.
The judge at this point asked Jacobs to proceed with his address since the court could still rectify the anomaly at any point of the trial before the judgment.
At this point, Jacobs formally made an oral application that the 103 count-charges be admitted by the court and read to the accused persons so that they could make their pleas.
While not opposing Jacob's request, Daudu appealed to the court that in view of the fact that Ibori was very sick and was hauled from his sick bed at the National Hospital yesterday by EFCC before being arrested, the former governor should be allowed to sit down and not stand in the dock while the charges were read to him.
The request was immediately acceded to by the presiding Judge who remarked that he would take judicial notice of the fact that the accused person was once the number one citizen of a state, noting further that "even if he were to be well, we will also allow such requests in this court."
He added that those who were conversant with his court would attest to the fact that accused persons were often allowed such opportunities no matter their social background.
The Judge said being a gender sensitive court, he would also allow the second accused person to have a seat.
This was greeted with laughter.
Before the charges were read out, the judge asked Ibori which language he understood, to which the former governor replied English.
At this point, the reading of the charges commenced.
Sensing how lengthy the charges were progressing, the judge interrupted the progress when they got to the 28th charge.
He posed the question to Jacobs that, "I hope we are not going to repeat all these when it is the turn of the second accused person?".
To this, Jacobs assured the judge that only relevant charges would be read to the second accused person.
At the end of the exercise, which lasted about one hour, Ibori pleaded not guilty to all the charges.
Jacobs, who addressed the court at the end of the reading, made an oral application that the accused person be remanded in EFCC custody or any other place of the court's choice.
"We will also be requesting a date for trial," he told the court.
He stated that before the commencement of the trial, EFCC would avail the court of the statement of evidence of the accused persons.
According to him, it was not possible to furnish the court with Ibori's statement of evidence because he was only arrested the previous day.
Responding, Daudu, however, expressed regrets at the procedure being adopted by the prosecution.
"I must express by utmost reservations at the process being adopted by the prosecution. It is not fair for him to ask for remand of the accused persons. He ought to know that we should apply for their bail," he said.
The Judge interjected asking Daudu to cite authorities to back his position.
"Go ahead to make whatever application you want to and don't worry about procedure," the judge said.
Daudu said it was not for the prosecution to ask for the remand of the accused and citing Section 118, sub-section 1&2 of the Criminal Procedure Act (CPA), the counsel moved an oral application for bail for the accused persons.
But Jacobs immediately opposed the application, insisting that it ought to come in written form with supporting facts to convince the court.
The presiding judge, at this point, interrupted Jacobs, saying the Court of Appeal had allowed courts to entertain such oral applications.
He, however, added that, "the difficulty would be how to canvass facts orally".
Daudu explained that the reason he made the oral application was because the liberty of the accused persons were at stake.
He noted that the principles guiding bail were clear and that the court, in granting such a request, would normally consider the nature of the offence.
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