Surrender To EFCC, Delta Elders Urge James Ibori

Delta State Leaders, Elders and Stakeholders Forum, on Thursday challenged a former governor of Delta State, Chief James Ibori, to come out of hiding and surrender himself to the Economic and Financial Crimes Commission for interrogation.

Chief James Ibori

The forum, which is behind the petition that led to Ibori’s current ordeal, said the former governor had no reason to go underground since the allegation against him was bailable.

The anti-graft agency had, after a cat and mouse game with Ibori, declared him wanted for alleged money laundering.

But Ibori accused the commission of “political persecution,” and, thereafter, obtained an ex-parte order restraining the EFCC from arresting him.

The order by Justice Ibrahim Buba, however, became a subject of controversy on Thursday following media reports (not The PUNCH) that it was given at a High Court in Asaba, Delta State.

Findings by our correspondents on Thursday revealed that Justice Buba is a Federal High Court judge.

It was also learnt that he had just been transferred from the Nasarawa State Division of the FHC to Asaba Division in the recent redeployment of judges by the Chief Judge of the FHC, Justice Dan Abutu.

Most of the transferred judges are yet to settle down in their new postings since full court activities are expected to resume at the FHC divisions nationwide on Monday, April 19.

Findings also revealed that Buba had given a perpetual injunction when he was serving in Port Harcourt, Rivers State. His order shielded a former governor of Rivers State, Dr. Peter Odili, from arrest and prosecution.

But reacting to Ibori’s claim of “political persecution” and the Buba order, the Delta elders and leaders said that the former governor had deployed his political clout to sabotage his prosecution for alleged corrupt practices.

They said through their Chairman, Chief Edwin Clark , that Ibori made the claim in order to deceive unsuspecting Nigerians.

Clark said, “I have listened to many misguided and uninformed comments by some Nigerians, who believe that 170 charges which were dismissed by a Federal High Court in Asaba gave him (Ibori) immunity from all other offences. If you are cleared of a previous murder charge, does it mean that you can not be prosecuted for a fresh murder charge?

“The latest crime was not included in the earlier charges against Ibori. The latest case, for the benefit of those who might not be informed, is that 520 million shares belonging to the Delta State Government were used by Ibori to pay for loans he acquired as a private citizen. This is a new offence outside the 170 charges

“So, nobody is prosecuting Ibori for political motives. In fact, it is Ibori that is using his political position and contacts with those in authority to frustrate his being prosecuted for corruption.

“What the DSLESF stated in its petition was that Ibori bought 800 million shares from Oceanic International Bank Plc. on behalf of the Delta State Government and that he later used the shares to obtain a loan of N44bn from Intercontinental Bank for the acquisition of a private company. This is obviously an abuse of office.

“When he (Ibori) could not pay the loan, he sold 520 million units of the shares to pay part of it, thereby using the money belonging to the Delta State Government. He needs to provide answers to some questions.

“Nigerians want to know if it is true that Ascot, which became the new owner of Willbros after its acquisition by Ibori with the state government’s resources, is actually a subsidiary company of the state government, as claimed by him.

“Ibori is lying. Nobody is using politics to prosecute him. If he (Ibori) has nothing to hide and he is not afraid, he should submit himself and make himself available to the EFCC. After all, he would later be granted bail by the court just like any other former governor being prosecuted for corruption.”

The Delta elders and leaders also called on the National Judicial Council to investigate Buba for granting the interim order. They argued that the order was not only illegal and a disservice to the nation but negated the Federal Government’s war against corruption.

They, however, advised the EFCC to take the case to the Court of Appeal because “there is no law in Nigeria which says that suspects should not be arrested for prosecution.”

They added that they were “asking the NJC to look into the activities of Justice Buba because he has acted against the warning of the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, that judges should not grant frivolous injunctions.

“Buba should be sanctioned by the NJC for this reckless judicial discretion because his action was not in the interest of Nigeria and fight against corruption,” Clark said.

There were more twists on Thursday to the decision of the EFCC to declare Ibori wanted as some of his loyalists faulted the procedure adopted by the commission.

The loyalists, under the aegis of Delta State Caucus of the House of Representatives claimed that the anti-graft agency’s action amounted to “political victimisation.”

The caucus, which is headed by Mr. Nicholas Mutu, made the claim just as the EFCC said the allegation that it was seeking to re-arrest Ibori for ”political reasons” was untrue.

The EFCC, through its Head, Media and Publicity, Mr. Femi Babafemi, explained that it had been on Ibori’s trail for four weeks before it declared him wanted.

But, the caucus, at a news conference in Abuja on Thursday, faulted the EFCC’s explanation, insisting that the agency’s action was politically-motivated.

The Chairman of the House Committee on Air Force, Mr. Halims Agoda, who read a statement by the caucus, argued that the EFCC’s letter of invitation to Ibori was delivered on April 13, the same day the commission declared him wanted.

Only four out of the 10 members of the caucus —Agoda, Mutu, Mr. Overah Joyce, and Mr. Tam Brisibe — attended the news conference.

Those who did not attend were Mr. Ndudi Elumelu; Mr. Leo Ogor; Mr. Charles Onyekweli; Mr. Sololon Awhinahwin; Ms. Doris Uboh; and Mr. Daniel Reyenieju.

Agoda said, “There is no due process in this matter; in any case, the EFCC asked him to report to its office on April 17; the date is not due yet, so why declare him wanted?

“The commission should have waited till April 17 and if Ibori fails to honour the invitation, it can now have grounds to declare him wanted.”

Agoda claimed that the EFCC delivered a letter on April 13 to create the impression that “for weeks, they were looking for Ibori and could not find him, while that is not the true position.”
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