Emeka Mamah
10 July 2008
Lagos — The Court of Appeal, Kaduna, was yesterday told that the Federal High Court, Kaduna had no powers to order the former Governor of Delta State, Chief James Onanefe Ibori, to deposit his passports as part of his bail conditions.
The court was told by Chief Ibori's counsel, Joseph Daudu (SAN) that only the Minister of Internal Affairs had the powers to either seize or cancel a passport adding that the seizure of the travel documents by the court was illegal.
"The impoundment, seizure, cancellation of passports is governed by the provisions of the Passport (Miscellaneous Provisions) Act and by virtue of the provisions of section 5 (1) (a) (b) (c) and (d), only the Minister for Internal affairs is empowered to seize or cancel a passport.
"A court cannot seize not having been statutorily empowered but it can accept its deposit or direct the Minister to seize or cancel.
"Accepting a deposit implies that when there is a demand, the court should not withhold same except where its release will jeopardize the very purpose of which bail was granted, which is attendance of the accused person at his trial.
"The grant of bail was premised on the accused person's presumption of innocence. Having therefore been granted bail, it follows that other fundamental rights cannot be abridged and the only reason for the deposit of the passports was to enhance his appearance in court on all adjourned dates.
"Consequently, where the applicant assures the trial court that he will, despite his international travels, be in court on the next adjourned date, it is no longer the business of the court or the prosecution to contest his travel arrangements or the reasons leading thereto," Daudu said.
Ibori had approached the court asking for the release of both his diplomatic and international passports deposited at the lower court as part of his bail conditions in the 167-count charges of money laundering and embezzlement brought against him by the Economic and Financial Crimes Commission (EFCC). He hinged his desire to have the documents on the need for him to treat his acute case of high blood pressure in the United States of America since, according to him; the facilities for such treatment are not available in the country.
Ibori further told the court that he would travel to the United Kingdom to see his new born baby who he had not seen since he was born because of his trial which commenced on December 13, 2007.
The EFCC had filed a 129-count charge of money laundering and embezzlement against Ibori but the charges were later amended to 167.
However, opposing the application, the EFCC lawyer, Rotimi Jacobs, said Ibori would be re-arrested once he steps outside the country as he has a pending criminal case in London, along with his wife.
Jacobs said that Ibori's wife was already undergoing trial over alleged money laundering.
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