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Nigeria: Ibori Loses Bid to Halt Trial
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This Day (Lagos)
9 May 2008
Posted to the web 9 May 2008
George Oji
Kaduna
Kaduna Division of the Federal High Court, yesterday, dismissed the application for stay of further trial filed by the former Governor of Delta State, Chief James Onanafe Ibori , who is facing trial for alleged stealing and money laundering.
Ruling on the application seeking a stay of proceedings of the High Court to enable the former Governor prosecute his appeal, the trial Judge, Mr. Justice Lawal Mohammed Shuaibu held that there was no sufficient material placed before the Court to grant Ibori's request.
Ibori, in the main appeal, had alleged that the trial Judge was biased against him, saying by holding the trial in Kaduna, the prosecution,Economic and Financial Crimes Commission (EFCC) had engaged in forum shopping since the matter ought to have been determined at the nearest Federal High Court where the offences were allegedly committed.
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While admitting that the right of appeal is a Constitutional right of the applicant guaranteed under Section 241 of the 1999 Nigerian Constitution, the Judge noted that the power to stay proceedings is an inherent one vested in the Court by the same Constitution.
He also cited the provisions of Section 40 of the EFCC Act, which guarantees the applicant's right of appeal against any interlocutory decision of the Court.
According to the learned trial Judge,"The right to stay proceedings is far from being constitutional or statutory,instead, the right to stay proceedings is an inherent power vested in the Court." Subsequently, the Court adjourned full trial to commence on June 10 and 11, 2008.
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