Leadership (Abuja)
18 December 2007
Lagos — Former governors Ayodele Fayose of Ekiti State and James Ibori of Delta State are to celebrate Sallah and Christmas behind bars until January when their trials in Lagos and Kaduna respectively resume.
The two men are being tried for several offences, bordering on abuse of office, corruption and money laundering, amongst others.
Fayose, who voluntarily surrendered himself to the Economic and Financial Crimes Commission (EFCC) in Lagos, is facing a 51-count charge involving the alleged laundering of over N2 billion public funds.
According to the charges read to him at the Federal High Court in Lagos, Fayose is being accused of converting various sums of money to personal use from funds entrusted to Biological Concepts Limited, a consultant company to the Ekiti State government on a poultry project.
Justice Tijjani Abubakar, who denied Fayose bail, ordered that the former governor should be remanded in prison, and not a EFCC cell as requested by EFCC's counsel, Mr. Wahab Shittu, contending that whatever the EFCC wants to ask Fayose can take place in the prisons.
In Kaduna where Chief Ibori is standing trial, the police had a hectic time controlling thousands of Ibori's loyalists who stormed the city to show solidarity with their embattled former chief executive.
The supporters, amongst them former PDP Board of Trustees chairman, Chief Tony Anenih, who later visited Ibori in prison, arrived Kaduna in several buses, and chanted solidarity songs with Ibori.
Chief Anenih became Ibori's first visitor in his new abode at the Kaduna prisons where he has been remanded on the orders of the Federal High Court, even as hundreds of his loyalists have been prevented from visiting him for their unruly behaviour. LEADERSHIP has reported exclusively on plans by hired thugs and supporters of the embattled governor to storm Kaduna in solidarity with their kinsman.
The protests in Kaduna took place simultaneously with another in Ibori's hometown, Ogara, and some roads in Delta State to protest the refusal of bail for Ibori .
The former governor was denied bail by the court presided over by Justice Mohammed Lawal Shuaibu on the ground that he did not place before him sufficient evidence to warrant his being granted bail.
During the ruling, Ibori's supporters, who arrived the court in large number, chanting songs in his favour, attempted pulling down the gates of the court but were prevented by a team of anti-riot police men drafted to the court.
He was however driven to the Kaduna prison in a car with Nasarawa State registration number AA 698NBB at about 10:48 and was received by the deputy comptroller of the prison, Patrick Ondoma.
His first request as a guest of the prison was for a copy of the Holy bible and a pair of reading glasses.
Justice Shuaibu, who gave his ruling on an oral application for bail brought by Ibori's lead counsel, Joseph Daudu (SAN), ordered that the former governor and his mistress, Udoamaka Okoronkwo, be remanded in prison custody until January 11, next year, when their trial is expected to begin and ordered that the case be given accelerated hearing.
Udoamaka, who was apparently shocked to learn that she would be spending Christmas behind bars, broke down in tears and intermittently mopped her eyes with a white handkerchief.
While reviewing the oral application for bail, the judge said it was predicated on section 118(2) (3) of the Criminal Procedures Act, adding that the main points for consideration were the nature of offence, strength of evidence, likelihood of delay in trial, and whether the accused person would jump bail.
He said that while the first accused person was charged with 103 bailable offences, the second accused person (Ms. Okoronkwo) was charged with six offences.
Justice Shuaibu noted that the law allows for oral application and that proof of evidence would not add or subtract from the chances of success of bail applications just as facts and circumstances of each case were not the same.
Ruling on the bail application, Justice Shuaibu said availability of the accused person to stand trial is a fundamental point for consideration before such accused can be granted bail.
"Availability of the accused to stand trial has always been an important factor to be considered by the court.
"It is my view that same is a statement of fact which shall ordinarily be made by way of deposition in an affidavit; likewise the requirement of reliable surety.
"In the unlikely event, the court is not likely to grant bail. In the light of the above, and considering the circumstances of this case, the accused applicants have not placed before the court sufficient materials with which the court will exercise its favourable discretion in granting the bail.
"The oral application for bail in respect of the first and second accused (James Onanefe Ibori and Udoamaka Okoronkwo respectively) is hereby refused and in the circumstance an accelerated trial in the case is hereby ordered," Justice Shuaibu ruled. He adjourned the case till January 11, 2008, for trial.
Those who attended the court session from Delta State were Uzzi PD Oboh (JP), Iyasere of Oghara Kingdom; Chief William Ibori (JP), Unugborogodo of Oghara Kingdom; Chief AD Tietie (JP), Chief JJ Ojo, a High Chief in Oghara Kingdom; Chief Femi Agbokoko, Chief Robert Eyaufe, Chief I. Amori (JP) Otota of Mosogar Kingdom; and high Chief Ambassador Ray Inifie (former deputy governor of old Bendel state).
Others are Hon. Ben Bakpa and Hon. Igbuya, both of them members of the State House of Assembly; Hon. Champion Kpateghe, Hon. Austin Ayimidejor, Hon. Emmanuel Ighomena, Chief Ako (JP), Owelle of Oghara, Dr. Henry Ofa and Chief I. Udju, all members of the Delta State executive council.
However, barely five minutes after the ruling, supporters who had been peaceful all along went violent as they dropped their placards and moved against the security men at the entrance of the court.
They had arrived the court as early as 7am in chartered Delta State government owned Delta Line transport buses and formed a human shield at the entrance of the court with placards, some of which read: "Oghara Elite Forum supports Ibori for life," "Ukwuani for Ibori. We believe in you," and "The people of Patani demand immediate bail for Ibori."
After the ruling, the atmosphere became charged and the supporters made for the entrance to the court and attempted to pull down the gate, but were forced back by the police.
They then began to chant, saying, "All we are saying, release Ibori," "Ibori has not done anything bad" and "this is oil money." They moved to the far end of the fence and pulled down a portion of it before the police intervened again.
It was at this point that some of the male and female supporters began to strip themselves naked while raining curses on Ibori's alleged traducers.
Reacting to the action of Ibori's supporters, the state police commissioner, Mr. Haz Iwendi, said his men did not use force to disperse the crowd because "we are in a democratic setting.
"This is the new face of the police. If it were before, our men would have acted differently.
"The rioters are just like people in a drama theatre. They will act their part and leave and I can assure you they will all leave as soon as we disperse here.
"In a drama theatre, people play their part and move away. That is what we expect. It will not last," he said.
Others who visited Ibori in prison yesterday were Hon. Mercy Aloimna-Isie of the House of Representatives, a serving senator from Delta State, some members of the Delta State House of Assembly and about six commissioners in the cabinet of Governor Emmanuel Uduaghan.
In Delta State, Ibori's kinsmen reacted to his continued trial by blocking main roads and disrupting vehicular movement.
The youths, mostly from Ogara, Ibori's home town, took over the Warri-Sapele Expressway, holding motorists hostage and demanding the release of their kinsman.
In another development, the multi-million naira palatial residence of the former governor has been sealed up by security agents.
Sources told LEADERSHIP that the Oghara home of the embattled governor was taken over by security men last Wednesday, just about the time he was being arrested in Abuja.
It could not be easily ascertained whether the security agents were deployed by the EFCC as none of the operatives was ready to speak on their mission.
Neighbours of the ex-governor said they observed that the security agents were in mufti and refused visitors entry into the complex which Ibori was using before his arrest.
Security sources said the agents might have sealed up the complex to prevent desperate allies of Chief Ibori from accessing the house with the intention of destroying documents that might be stocked there.
Meanwhile, three militant groups in the state have threatened to shut down major oil installations in the Niger Delta if by today the former governor was not granted bail.
The groups, in separate statements issued in Warri, noted that the latest travail of Ibori was the handiwork of some persons who were envious of his rising political profile, warning that his arrest could trigger fresh social unrest in the region.
"We are going to shut all major installations in the Niger Delta. We are going to fight this naked injustice with the last drop of our blood," they stated.
The groups are Niger Delta Gomora, Niger Delta Survival Front and Olosa.
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is not fair the efcc allow this governos to be bail just like that they have to pay for what they have commited not by money because the have all our bilions of naira in their pocket they should sentence them to live in prison and pls i was a former student of university of benin and the most pain that i feel is pls try and help me to tell efcc to look 4 lucky igbinedion that artless governor cost us alot of problem in our life if they can find him they should ask is father i am speaking 4rm outside the country they former goverment were all criminals thanks 4 ur understanding