My Naija News - Re: Why the UK Cannot Try Ibori

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Re: Why the UK Cannot Try Ibori - AGF

Thursday, 29 November 2007

It is awful and quite disheartening, to observe some public officers of the Federal Republic of Nigeria to engage and display with oblivion, detrimental acts that can tarnish the image of the country in the international scene. Such acts, if not checked, will send or place Nigeria in a different perspective, from a global view, on her fight against corruption.

On a specific note, one big headache of the President Yar'Adua administration, that will remain a thorn in the flesh if not drastically nipped at the bud, is the current Attorney-General of the federation and Justice Minister, Chief Michael Aondoakaa (SAN), and the way he is dancing to the unending Ibori case, can be regarded as a deliberate attempt on his part to frustrate the good (so far) works of the Federal Government of Nigeria on her anti-corruption crusade.

The Thursday, November 22, 2007 Vanguard newspaper flashed the disturbing resolve of the Attorney General and Justice Minister, Chief Michael Aondoakaa, who ruled on the previous day above, on the possibility of granting the request of the United Kingdom (UK) to try the immediate past governor of Delta State, Chief James Ibori in London for alleged money laundering charges. The AGF, also in a fresh memo, reported the Economic and Financial Crimes Commission (EFCC), to President Umaru Yar'Adua for what he called acts of insubordination to his constitutional authority as the nation's Chief law officer. He went to expantiate 'flimsy excuses' that cannot be considered substantial to the present core issue of fighting any element of corruption (by any public officer) in the polity.

Let us recall that the British authorities had earlier asked the EFCC to furnish it with details of its findings on the allegation of corruption against Chief James Ibori while in office, which it did without recourse to the AGF. However, the documents were returned because they were not signed by the AGF and therefore could not be used. The AGF rejected the documents when it was finally brought to him, noting that the request by the Metropolitan Police should have been sent to him in the first instance. Looking at the development of events, one would have expected the AGF to therefore, authorize the Metropolitan Police, give them the consent they need, through the appropriate channels to use the materials enumerated above for their legal processes. Considering the fact that, as the chief law officer of the nation, whatever will aid/hide corrupt practices by anybody in any place, should be exposed and prosecuted accordingly.

Looking at the efforts of the present administration, to place Nigeria on a pedestrian path towards a modern developed country. One would embrace optimism and anticipate good returns in due season. Though the election that brought Umaru Yar'Adua into office, as President of the Federal Republic of Nigeria, was marred with controversial irregularities, his administration has been able to prove, within few months, that he (Yar'Adua) was going to be a listening government to the plights of the people. We have also seen the enthronement of proper justice (that has pleased the populace), within the administration's short stay in office, which we can confidently say had never happened during the Obasanjo's reign in office.
This simply explains Yar'Adua's willingness to transform Nigeria into a modern day democracy. But just like the saying goes, in every gathering of sheep, there is a wolf around. And if such is not taken care of, it will pose a danger zone on the gathering, and paint them in a different light. The present situation/case on ground, is beginning to send negative signals, concerning Yar'Adua's sincerity, honesty and stand on his anti-corruption crusade.

Considering the outbursts, utterances and stance of the AGF, Chief Aondoakaa in recent times on the Ibori issue, one begins to wonder and doubt the integrity of President Yar'Adua, for allowing and tolerating the unpatriotic attitude displayed by the AGF, giving the sensitive nature of his position to Nigerians and the country's image globally. The AGF utterances and display is simply showing Nigerians that he is aiding corruption, by using different methods, under the guise of legal terms, to cook-up flimsy excuses that cannot hold much water, is an indication that he is not being honest with the Ibori case. Honestly, if care is not taken, all the commendable efforts of President Yar'Adua, will be in vain, because believe it or not, Nigerians (and the whole world) are watching intently, to every unfolding events, concerning the anti-corruption crusade.

Let us consider critically, the facts on ground, the Metropolitan Police specialists Proceeds of Crime Unit liaised with the Economic and Financial Crimes Commission (EFCC), to find out whether the thirty five million dollars ($35,000,000) assets, including a Bombardier private jet and property in London, that was already seized from Chief Ibori, on the order of a London court were obtained illegally. This is basically due to the fact that, money laundering is considered a grievous crime in Britain, and under the Mutual Legal Assistance Agreement (MLAT), between UK and Nigeria, the Crown prosecutor of the Fraud Prosecution Service CPS London, David M. Williams, requested evidence from the Attorney General of Nigeria to establish that the controversial $35m assets were proceeds of crime with a view to confiscating them. Worthy of note also, is that President Yar'Adua had earlier directed the Attorney General and all relevant anti-graft agencies, particularly EFCC to cooperate with UK on the matter.

The EFCC had effectively played their own part with their investigations and had provided enough evidence for the UK court to try the Ibori. Moreso, the London Sunday Times cited a witness statement made by a financial investigator working for the Met (in London), said Ibori used accounts at branches of HSBC, Barclays and Abbey to buy luxury cars and homes. These include a four million pounds (#4,000,000) home in Humpstead, North London, a nearby flat for a mistress and a country retreat in Dorset. Ibori, the paper explained further, owned a Bentley Continental GT, a Jaguar and an armoured Mercedes-Benz Maybach. It said since 2005, funds from Nigeria, intended for education and engineering projects, 'were allegedly stolen by James Ibori (and) have been laundered through the UK banking system'. All these and more have contributed to the UK authorities (with the help of the EFCC, since it appears some financial institutions and individuals in Nigeria must have aided the transfer of public funds to the UK), to assume the lead status in the investigation and prosecution of the former Delta state governor.

The AGF, in his 24-point memo to the President, ultimately hinged his position, to refuse the UK request to prosecute Ibori in London; on the basis that Ibori should be tried in a Nigerian court (made subject to the Nigerian justice). But we ask, where was the crime committed? On whose ground, and whose banks were used to launder funds? If a thief/criminal is not caught at home, but was unfortunately apprehended outside the home, where does one think, such a thief/criminal will be dealt with? A reasonable mind will know the straight answers to the questions. The case of the young Nigerian 'drug dealer' who was captured, prosecuted and sentenced to death by hanging in Singapore, is a clear example of what we are trying to establish here. Despite plea for forgiveness and 'temper justice with mercy' from the immediate former President, Obasanjo, all fell on deaf ears of the Singapore authorities, why did the then AGF not raise dust to stop the prosecution. The government realized the true/realistic state of the matter, a thief is a thief, no matter where he/she is caught, such a thief should be dealt with and not pitied. That is exactly the case of Ibori.

Even when (in the past) Nigeria, through the federal government, tried to protect a sacred cow found wanting for war crimes and human rights abuse/violation, the person of Charles Taylor, could not withstand the pressure from the international scene to release the war criminal, that the then former President, had to let him go, to face the international court for prosecution. Or is it the case of Saddam Hussein, who practically milked dry, the Iraq's oil wealth for his selfish aggrandizement and had to resort to the use of military force to secure and sustain his reign without any external threat, but on the long run, had to face the music for his crimes. There are many instances of countries prosecuting criminals found to have broken the laws of such countries (and the countries from which the criminals came from). The Nigerian Attorney General is tarnishing the image of the country on the internationals stage.

It appears Ibori's attitudes/actions is causing serious havoc on the democratic status of the nation, he is not the only governor penciled down by the EFCC to have allegedly looted public funds, that were meant to better the lives of their own brothers and sisters, but yet, peculiarity of his own case has not spoken well of the anti-corruption crusade. First it was the Delta state government and others going to court to restrain EFCC from investigating Ibori, then some prominent legal practitioners and members of the inner bar, dismissing that the EFCC cannot audit states governments' finances, and now the present situation and in all these antagonistic restrains to justice (many not mentioned), the AGF is seen not helping matters at all. All efforts were geared to frustrate the activities of EFCC order not to prosecute Ibori. Why should the Ibori case be an exception? What is peculiar about his case that all these figures (expected to be honourables to uphold the law), are raising so much dust? From all indications, it appears enough water has passed under the bridge. It is quite unfortunate!

We feel it is high time (and for the interest of Nigeria) the President (Yar'Adua) sacks the Attorney General of the federation, Chief Michael Aondoakaa, and if he must remain in the circles of government, should be re-assigned to another Ministry, where he will not frustrate the good works of the EFCC and ICPC.

Recent events have obviously shown that the AGF is constituting a hindrance to the bold fight against corruption. Let us re-emphasise that, if Ibori contravenes the laws of the UK (arising from the Nigerian context), he should be punished if found guilty. Why all the dilly-dallying and so much noise? Besides, a free conscience fears no accusations, what are they afraid of? As an ex-public officer in Nigeria, does it mean if he had committed crime in the UK (while in office), he should not be persecuted? It is only a trial to nullify or substantiate the allegations against the former governor; Ibori can even be tried in absentia. Why is the AGF frustrating the case? If personalities of governance (especially Mr. President), encourages this trend, then the much talked about crusade/war on corruption is useless.

It is a national shame to watch the disdainful outburst of the Attorney General concerning the anti-corruption crusade, especially on the Ibori issue, that ought to have ended a long time ago. Let President Yar'Adua note that the elders (from Delta state) have spoken, Nigerians are watching with keen interest, what will finally be the outcome from the Ibori saga. This will definitely explain to Nigerians, the honest stance of the present administration?s war on corruption, coming from anybody. Let our leaders thrive to protect the interest of the masses and not that of a selected few, this we urge.

Zik Gbemre
National Coordinator
NIGER-DELTA PEACE COALITION

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