20100629
allafrica

Asaba — THERE appeared to be no end in sight to the mounting woes of the former Governor of Delta State, Chief James Ibori, yesterday, as the Federal High Court sitting in Asaba, threw out his application for the enforcement of his fundamental human rights, for lack of merit.

Ibori had filed the action following attempts by the Economic and Financial Crimes Commission, EFCC, to arrest him for allegedly diverting the state's shares in Oceanic Bank to guarantee a loan granted Ascot Nigeria Limited by Intercontinental Bank.

EFCC declared the ex-governor wanted for failing to respond to its invitation to appear before it.

At yesterday's ruling, Justice Ibrahim Buba held that the court lacked the power to stop a statutory body from arresting anybody in connection with a criminal act. He said the court's intervention would only be necessary where such a body acted ultra vires, and that the EFCC had not violated any law by inviting the former governor to appear before it.

Justice Buba equally faulted one of the premises of the Ibori application for a preventive order, on the ground that he was being haunted by the anti graft agency over matters which had already been resolved by the court when it quashed the 170-count charge of money laundering preferred against him by the EFCC.

The judge noted that the application before him didn't disclose any charge by the EFCC, and that it would amount to a waste of time to pontificate on a matter that was not before the court. He said: "Until a baby is born, you cannot tell whether the child would be a boy or a girl."

Justice Buba, however, agreed with Ibori's counsel, J. B. Daudu, that it had jurisdiction to entertain the application.

Counsel to EFCC, Okoroma, had argued that the court lacked jurisdiction to hear the application as Ibori was invited to appear before the anti graft agency in Abuja, while the invitation letter was delivered to him in Lagos. He argued that the action by the applicant ought to have been filed either in Lagos or Abuja.

It's pyrrhic victory for EFCC - Ibori

In a statement yesterday, Ibori's Media Assistant, Mr. Tony Eluemunor, said that EFCC would be wrong to think that it had won a great victory, because this is not only obviously a pyrrhic victory but has come at a great price to EFCC.

Eluemunor said: "First, it is now clear to the entire world that Ibori was, in flagrant disobedience to all the known norms of investigation, declared wanted though EFCC failed to specify why it took that step.

"Second, the judgment had given a lie to the newspaper speculations that Ibori was wanted to account for Delta State shares in Oceanic Bank. Some creative journalists even attached the price to the shares: N44 billion.

"Third, the judgment also made it clear that EFCC never said that Ibori was wanted in connection with the petition from Chief E.K Clark and other political opponents of Ibori because their petition was about those Oceanic Bank shares, which according to Delta State Government, were still intact, while the proceeds from the 40 per cent sold were paid into government coffers in a cheque made out in the name of Delta State Government.

He said it stood to reason that whenever EFCC re-visited the shares issue, Ibori would return to the court for protection.

"Fourth, the above proved that Ibori was not just crying wolf when he accused EFCC of persecution and not prosecution because EFCC failed to state in court why he was declared wanted.

This is especially so as Ibori was declared wanted on April 13 at 10.00 a.m but EFCC's letter of invitation was delivered in Ibori's Lagos House by 4.22 pm same day, as indicated on the letter by the EFCC official that delivered it.

Moreover, some officials went about sponsoring media reports that Ibori was being wanted over N44 billion Delta State shares in Oceanic Bank when they knew such to be patently false.

"Fifth, Ibori won an important victory though when Justice Buba ruled that the court had jurisdiction to hear the enforcement of Fundamental Human Rights case. But this victory is not for Ibori alone but for all Nigerians, just as every Nigerian has been enjoying the great victory Ibori won when the Court of Appeal Kaduna ruled that EFCC should arraign suspects where or near the place a crime was allegedly committed."