As the trial in the suit filed by the Federal Government seeking to take over from the Central Bank of Nigeria (CBN), the alleged $15 million Ibori bribe given to former Economic and Financial Crimes Commission (EFCC) boss, Mallam Nuhu Ribadu, begins, Tunde Oyesina examines the claims of the parties to the suit and the task before the court.
THE issue of the $15 million allegedly given to former chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, by former governor of Delta State, Chief James Ibori, to compromise the agency’s probe of allegations of financial crimes preferred against him while he held sway as the executive governor had virtually eluded the memory of many Nigerians until recently when the Federal Government sought to take over the money which had been lying fallow at the Central Bank of Nigeria (CBN).
The Federal Government had, in July, approached a Federal High Court sitting in Abuja with an ex-parte application, seeking an interim order forfeiting the $15 million, being an unclaimed property in possession of the CBN, to the Federal Government, pending the publication and hearing of the motion on notice for the final forfeiture order of the said amount.The ex-parte application, which was filed on behalf of the Government of Nigeria by Rotimi Jacobs (SAN), had the Federal Government, the Attorney General of the Federation (AGF) and the EFCC as plaintiffs, and the CBN as sole defendant.
The application was hinged on five grounds: first, that EFCC officials received the $15million cash from an undisclosed agent of Ibori in 2007 as bribe to compromise its investigation; second, that the commission, on 26th April 2007, deposited the said cash into the strong room No 1 of the CBN and third, that Ibori had since denied ever giving the said cash to the Commission or any of its officers. The EFCC also argued that the money had remained unclaimed since April 2007 and it had remained dormant.
Ruling on the interim application,the presiding judge, Justice Gabriel Kolawole, gave a 14-day ultimatum to the rightful owner of the money purportedly received from Ibori by Ribadu to come forward and claim it or risk its being forfeited to the Federal Government.
Before the Federal Government could carry out the order of the court, however, the Delta State government, through its Attorney General and Commissioner of Justice, Chief Charles Ajuya (SAN), filed an application before Justice Gladys Olotu of the same court,though she was a vacation judge, asking it to declare Delta State as the bonafide owner of the money.The Delta State government, in an affidavit in support of the application, said that the release of the money would facilitate the current developmental projects in the state.
The affidavit deposed to by one Nikiru Bridget Emakpor, a legal officer in the Ministry of Justice, averred that Ibori was a governor of the state between May 29, 1999 and May 29, 2007, the period the money in dispute was allegedly offered by Ibori. On that basis, the state said that the $15 million was the exclusive property of the state and that it was entitled to collect it as the bona fide owner.
However, in a dramatic manner, an oil magnate magnate, Chibuike Achigbu, filed an application before a Federal High Court sitting in Abuja, claiming the ownership of the said money. Achigbu, through his team of counsels comprising Adeniyi Akintola, Okey Amaechi and Abiodun Owonikoko, all SANs, said that the money in issue belonged to him. He submitted that he gave the money to Dr Andy Uba, a former aide to the then president, Chief Olusegun Obasanjo, for the purpose of financing the Peoples Democratic Party (PDP) during the 2007 general election.
Achigbu further submitted that he first sought legal advice on whether he could raise money to support the PDP and its candidates throughout the federation for the purpose of winning the 2007 general election. He also said that he set a target of N3 billion which he intended to raise through himself and his associates. However, by April 2007 when the election was drawing nearer, he had raised money in excess of N2 billion, after which he realised that such donations could only be made and accepted through a financial institution. According to him, in order to legitimately apply the fund, he approached Uba for relevant agencies of government to investigate and certify that the fund was raised honestly and in good faith with a view to donating same to the PDP.
But barely 72 hours after filing the said application, Achigbu made a U-turn by withdrawing the matter. Meanwhile, Senator Uba, who was a special assistant to ex-President Olusegun Obasanjo on Domestic Affairs from 1999 to 2006, said in a statement by his aide Chike Okeke: “Probably, Chief Ibori didn’t want to go to the EFCC office to hand over the money and so decided to use my house. All I know about this matter is that Chief Ibori brought some money to the then EFCC chairman, Mallam Ribadu.The details of the transaction were undisclosed to me at the time. Ribadu invited his then Director of Operations, Mr Ibrahim Lamorde, to fetch it.’’
Speaking on the issue, First Republic Minister of Information and Ijaw leader, Chief Edwin Clark, called for the sack of the current EFCC boss, Lamorde, for his alleged role in the $15 million bribe money. He urged President Goodluck Jonathan to remove and try him for perjury. Clark said the affidavit sworn to on August 10 by Yahaya on behalf of the EFCC “puts the anti-corruption agency not only in ridicule, but portrays it as an agency not transparent, competent and committed to the war against corruption.’’ He also pointed out that the EFCC’s averment that the $15 million was unclaimed property contradicted Ribadu’s statement against Lamorde on the source of the money.
According to Clark, “This is a blatant lie and a grave misrepresentation of facts, as Senator Uba had made public statements where the source of the money came from, where it was given and widely circulated it in the press and electronic media.” Clark, who insited that the money belonged to Delta State, accused Lamorde and other EFCC staff of lying because of the proviso in the EFCC Act that the agency would get 30 per cent of any unclaimed money that is forfeited to the Federal Government. However, in fighting back at Clark, counsel to the EFCC, Rotimi Jacobs, SAN, described the comment as prejudicial, judgmental and subjudice. He therefore urged the court to summon Clark to explain why he should not be committed to prison for contempt.
Responding, Delta State Attorney General, Ajuya, who described Clark as a well-respected senior citizen, legal practitioner and recipient of two national awards, urged the court to discountenance Jacobs’ submission since His Lordship had said he didn’t see the publication. Jacobs however countered, arguing that the fact of Clark being a prominent and well respected person, made his summon compelling not to be taken lightly. He stated that Section 36 of the 1999 Constitution offered everyone the right of fair hearing and that Clark should be summoned to come and defend himself.
In his ruling, Justice Kolawole, said he could not form an opinion on the issue, having not read the said publication. The court however noted that it was an abuse of court process to make pre-judicial comments and that the freedom of expression is not an absolute right.
Presently, there are two applications before the court. One was brought by the counsel to Delta State seeking an extension of time to respond to an application and another by Femi Aina on behalf of one Olalekun Bayode, who is seeking to be joined as a party to the case in the ‘public interest’. Bayode said he wanted the money held in trust because all recovered loots had not been accounted for by the federal government.
The court is expected to deliver ruling on the pending applications on November 19.
The Tribune
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