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By Sir Chris


Nigeria: Ibori loses bid to transfer case

A FEDERAL High Court sitting in Kaduna yesterday chided the immediate past governor of Delta State, Chief James Ibori, for accusing the court of bias in his trial. It also dismissed his motion seeking the re-assignment of his case.

The Economic and Financial Crimes Commission (EFCC) had arraigned Ibori before the court last December on an initial 129-count charge of money laundering and embezzlement. This has since been amended to 167-count.

But Ibori, in a motion on notice, asked the court to transfer the case to the Chief Judge of the Federal High Court for re-assignment to a judicial division proximate to where the alleged offences against him were committed.

Chief Ibori, in an affidavit in support of the motion, said the decision of the EFCC to try him in Kaduna raised a presumption that the anti-graft agency was looking for a favourable forum to prosecute him and that the court might have certain elements of bias during the trial.

But ruling on the matter yesterday, Justice Mohammed Shuiabu said there was a deliberate and calculated attempt on the part of Ibori to misinform the public over an “unfounded allegation which should be condemned in very strong terms.”

He explained that the consequential effect of bias was not only far-reaching but also devastating.

His words: “On the strength of the foregoing, and considering the absence of any justifiable reason or reasons that the trial judge in this matter should rescue himself from further participation in this case, the application is hereby dismissed.

“It is pertinent to state at this juncture that the subject matter of the 129-count of charge against the accused applicants relates to money laundering as contained in the Money Laundering Prohibition Act of 2003 and 2004.

“Money laundering which is specie of economic and financial crimes is exclusively within the jurisdiction of the Federal High Court and it is within the jurisdiction of this court to hear and determine the matter of the 129 count of charge.

“Section 19 (1) of the Federal High Court Act specifically states that the court shall have and exercise jurisdiction throughout the federation. It is also the position of Section 249 of the 1999 Constitution establishing one Federal High Court. The provision of Section 152 (2) of the Constitution also confers additional jurisdiction and power on the court.

“The applicant did not refer to the provision of any law on how charges should be filed before the Federal High Court. By virtue of section 33 of the Federal High Court Act, all criminal cases before the court shall be tried summarily,” he said.

The prosecution also yesterday formally brought additional 38 charges against Ibori. He pleaded not guilty to all of them. Ibori is charged along with Ms Uduamaka Okoronkwo and one Barrister Ibi who was arraigned for the first time.

The court, however, granted Ibi bail on self recognition after he pleaded not guilty to all the charges against him.

The judge fixed April 1, 2008 for trial of the case.

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