Leadership (Abuja)
Chika Otuchikere
2 November 2009
Abuja — Fear has been expressed about the likelihood of Chief James Onanefe Ibori, former governor of Delta State, escaping the long hands of the law in the case of corruption levelled against him and others in the Federal High Court.
This fear was expressed by the former information minister and chairman of the Delta State Elders and Leaders Stakeholders Forum, Chief Edwin Clark, who held a conference in his Asokoro residence in Abuja where he stated that the Judge handling the Ibori case in the Asaba Federal High Court, Justice Mercel Awokulehin, should not be allowed to continue with it since his integrity is already in question.
Chief Clark, who disclosed that he had written a letter to the Chief Justice of the Federation to call Justice Awokulehin to order, lamented that the judiciary had shown contradictions in the handling of corruption cases leveled against some former governors.
Excerpts of the letter addressed to Justice Idris Legbo Kutigi, Chief Justice of Nigeria, dated October 30, 2009 and entitled Re: Query to Justice Mercel Awokulehin of Asaba Federal High Court for Gross Misconduct read:
"I humbly wish to address your Lordship on a matter which is causing great agitation, anger and tension in Delta State and Nigeria at large.
I read from the internet your Lordship's query ref. No. NJC/FHC/DM/111/830 OF 21ST October, 2009 directing the above mentioned judge to explain within the next two weeks allegation of Gross Misconduct in the case of FRN Vs James Ibori &Anor which is about the 4th of November, 2009.
"I respectfully submit that it is not in the interest of justice and fairplay for the same judge whose reply to the charges of gross misconduct has not been investigated and cleared of the grave allegation to sit in court over the case on November 6, 2009, in fact two days after the answer to the query.
"I humbly submit that for a judge of a High Court in Nigeria to write directly to a judge in London without reference to the hierarchy of the judiciary in Nigeria, or through the Federal Attorney- General under the Mutual Legal Assistance Agreement Treaty (MLAT) is tantamount to a grave miscarriage of justice.
"The circumstances surrounding the creation of the Asaba Division of the Federal High Court and the appointment of the trial judge, are of great concern to our people whose properties were allegedly looted by the accused Chief James Onanefe Ibori, and the controversial judgement of the Kaduna Court of Appeal, presided by Justice Amina Augwi, that the Ibori case should be transferred to Delta State was, no doubt, pre-conceived or a deliberate act of omission on the part of the EFCC and the AGF not to have appealed against the controversial judgment".
Chief Clark, who averred the complicity of the Attorney-General of the Federation, Chief Michael Aondoakka, in the attempt to stop Ibori from going to join PDP South-West deputy national chairman, Bode George in prison said that despite the Kaduna Court of Appeal, the trial of some of the former governors are still taking place outside their state where the offences were allegedly committed
"The purpose of this protest letter is to kindly appeal to your Lordship as the Chief Justice of Nigeria and the chairman, National Judicial Council to halt the trial in Asaba on the November 6, 2009 or cause the transfer of the Judge whose integrity and honour are already in doubt", Chief Clark stated.
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