Sani Babadoko
14 December 2007
Abuja — The long arms of the law caught up with Delta State governor Mr. James Onanefe Ibori yesterday when he was arraigned by the Economic and Financial Crimes Commission [EFCC] before a Federal High Court in Kaduna on 103 count charges of abuse of office, corruption and money laundering.
Ibori had been arrested by EFCC agents in Abuja a day earlier.
The former governor was brought to the court on Kawo Road at 9.50 am in an EFCC Peugeot Expert van with a Nasarawa state registration number, AA 698 NBB. A convoy of five similar cars with blaring sirens heralded Ibori's arrival, and he alighted, sporting a navy blue jumper.
The accused, who looked composed, listened as the charges were read to him one by one. He pleaded not guilty to each one of them. It took one and a half hours to read the charges and take the plea.
The presiding judge, Justice Mohammed Lawal Shuaibu, after listening to the oral application for bail by Ibori's counsel Mr. Joseph B. Daudu (SAN) and counter arguments by the prosecution counsel, Mr. Rotimi Jacobs (SAN), ordered that Ibori be remanded in EFCC custody pending a ruling on the bail application, which is slated for next Monday.
The judge also granted the oral application by J. B. Daudu that his client be allowed to sit in the dock on account of ill health. Daudu said Ibori was bundled from the National Hospital, Abuja, where he was receiving treatment and was taken to Kaduna for trial. EFCC's counsel however countered it, saying Ibori was arrested at the Kwara State governor's lodge in Abuja.
Justice Shuaibu however allowed both Ibori, whom he said deserved some respect being a former governor and the second accused person, Uzoamaka Okoronkwo (whose identity Daudu had questioned), to sit down in the dock. The judge said the court was "gender sensitive" in the case of the later. The duo was however ordered to stand as the charges were read.
In the charge number FHC/KD81C/2007, Ibori was accused, along with Udoamaka Okoronkwo, Mer Engineering Nig. Ltd, Bainelox Ltd and SAGICON Nig Ltd of transferring sums totaling N9.1 billion to a Guarantee Trust Bank account, Prime Chambers belonging to Professor Agbe Utuama and several other companies as well as to buy shares in Afribank Plc.
Some of the sums withdrawn, according to the prosecution, were for offsetting a loan granted by United Bank for Africa Plc in favour Mer Engineering Ltd and for the benefit of Bainelox Ltd.
The prosecution averred that all the monies were illegally withdrawn from the accounts of the Delta State government and which sums he knew represented proceeds of crime with the aim of concealing the nature of the proceeds of the crime and thereby committed an offence punishable under Section14 (1) of the Money Laundering (Prohibition) Act 2004.
The prosecution also alleged that four days to his leaving office on May 25, 2007 Ibori made cash payments of $15 million to officials of the EFCC in order to influence their investigation, thereby committing an offence punishable under section 15(2) (b) of the Money Laundering (Prohibition) Act 2004.
After the charges were read and his plea taken, Ibori's counsel, J. B. Daudu made an oral application for bail, arguing that the prosecution had not adduced enough evidence of the allegations, which he described as "mere book keeping misdemeanors."
He said his client's liberty was at stake and should he be deemed innocent until proved otherwise, pointing out that as a prominent man in the country, Ibori is not likely to jump bail if the application is granted. He also said that in any case none, of the offences carried a death sentence.
EFCC's counsel Mr. Jacobs however objected to the bail, first because it was made verbally, secondly that economic crimes and corruption were serious offences and thirdly that the accused person had two criminal convictions in the United Kingdom. He said with the trouble encountered by EFCC before the accused was arrested, he could jump bail.
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