Sunday Ejike Benjamin
19 November 2008
A London court Monday ruled that evidence gathered by the Economic and Financial Crimes Commission (EFCC) and agents of the London Metropolitan Police on former governor Ibori are not admissible.
In a ruling on the admissibility of any evidence submitted by EFCC or gathered by the two agents who were in Nigeria last year to investigate issues relating to Chief James Ibori, Judge Rivlin of a London Court said the right procedures were not followed in initiating that cooperation between Nigeria and the United Kingdom.
Whatever evidence the British police gathered or got from Nuhu Ribadu's EFCC would not be admissible in the on-going trial of some of Ibori's associates in London, the judge ruled.
He said from a detailed chronology of the documentation in the face off between EFCC and the Attorney General of the Federation (AGF), Mr. Michael Aondoaaka there was lack of communication between the Attorney General and the Home Secretary.
The AGF, he noted: "Was never given the opportunity to consider the material in the way that the convention requires, and he has certainly never agreed that it should be handed over to the Requesting Party (the London Metropolitan Police) for use in criminal proceedings. I regard these breaches of Articles 6 and 7 as being fatal to its use in court. I believe that the wishes of the Attorney not merely deserve to be respected, but they must be respected". "Having regard to all that has transpired, and the proximity of that first trial it is therefore with considerable reluctance that I must rule that this evidence is inadmissible at this stage", he said.
The Judge continued: "If the Crown seeks to rely upon the Nigerian material obtained under the relationship with the (British as authorised by Ribadu), I suggest that it should be submitted to the Attorney-General of the Federation as soon as possible, so that he may review it and decide whether he can properly authorise its release".
"It is right that I should say that in all the circumstances of this case, I share the concerns of the defendants that the material submitted might not have been authorised as required under the convention. I think it is important that this should be investigated and confirmed as soon as possible. In the absence of an entirely satisfactory response, in pursuance of my obligation to ensure that the trial is properly managed, I request that this material too should be submitted to the Attorney General for his consideration. Indeed, it may be the safest course to do this in any event", the Judge said.
Touching on the matter as it concerns Mrs. Nkoyo Ibori, who has been confined to Britain for months now, the ruling states thus: "If the Crown intends to rely on any Nigerian evidence in the case of Theresa, this must be done as well".
Aondoaka/Ribadu face off centred on who between the former EFCC chairman and the Attorney-General had the rights to act on Nigeria's behalf under the Mutual Legal Assistance Treaty (MLAT)
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