Former Governor of Delta state, Chief James Onanefe Ibori who has been in prison custody in Kaduna since Monday 17, December, is said to be adjusting to prison life. The Controller of Prison, Kaduna Mr. Momoh Salau Momodu who disclosed this to P.M.News, further revealed that the prison authorities are doing everything possible to ensure that he was comfortable until he is taken to court again on 11 January, 2008.
Although the Controller did not tell our correspondent the kind of comfort provided for Ibori, information from prison sources revealed that he has been complaining about the poor state of facilities at the executive prison lodge.
It was also gathered that a new air conditioner, mattress, refrigerator and other facilities have been provided in his prison apartment.
While at the prison, P.M.News observed that members of his family, friends, former aides, lawyers, some members of Delta State House of Assembly, were at the prison to see Ibori.
Even the People’s Democratic Party (PDP) legal adviser Mark Jacob, Director General of National Orientation Agency (NOA), Alhaji Idi Farouk and other party members were also there.
Ibori’s wife, who frowned at the arrest and arraignment of her husband with his mistress, Udoamaka Okonronkwo, had also visited her embattled husband last Thursday at the prison.
Speaking to our Correspondent, one of Ibori’s aides, who pleaded anonymity, expressed displeasure over the decision of the judge, Justice Mohammed Lawal Shuaibu, to reject the bail application by counsel to Ibori.
He pointed out that there was more to the case than people are made to see.
Stressing, “We cannot understand why a former governor and patriotic Nigerian of the person of Chief Ibori should be refused bail,” he said.
He also assured that the people of Delta State will not let Ibori down during this trying moment.
Monday, December 24, 2007
Thursday, December 20, 2007
EFCC CHARGES AGAINST IBORI (1)
Our Case Against Ibori – EFCC
12.14.2007
COUNT 1: That you MR. JAMES ONANEFE IBORI on or about 1st March, 2004 within the jurisdiction of this Honourable Court did transfer the sum of N5,000,000.00 (Five Million Naira) to your personal account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 2: That you MR. JAMES ONANEFE IBORI on or about 10th November, 2004 within the jurisdiction of this Honourable Court did transfer the sum of N1,000,000.00 (One Million Naira) to your personal account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 3: That you MR. JAMES ONANEFE IBORI on or about 1st March, 2006 within the jurisdiction of this Honourable Court did transfer the sum of N20,000,000.00 (Twenty Million Naira) to your personal Account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 4: That you MR. JAMES ONANEFE IBORI on or about 2nd October 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N60,000,000.00 (Sixty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 5: That you MR. JAMES ONANEFE IBORI on or about 28th August, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N90,000,000.00 (Ninety Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 6: That you MR. JAMES ONANEFE IBORI on or about 24th July, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N42,000,000.00 (Forty-Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition ) Act 2003.
COUNT 7: That you MR. JAMES ONANEFE IBORI on or about 28th June, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N4,900,000.00 (Four Million, Nine Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 8: That you MR. JAMES ONANEFE IBORI on or about 4th June, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N90,500,000.00 (Ninety Million, Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 9: That you MR. JAMES ONANEFE IBORI on or about 10th December, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N30,150,000.00 (Thirty Million, One Hundred and Fifty Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 10: That you MR. JAMES ONANEFE IBORI on or about 28th April, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N14,989,000.00 (Fourteen Million, Nine Hundred and Eighty-Nine Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 11: That you MR. JAMES ONANEFE IBORI on or about 2nd January, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N22,000,000.00 (Twenty-Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 12: That you MR. JAMES ONANEFE IBORI on or about 17th May, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 13: That you MR. JAMES ONANEFE IBORI on or about 6th May, 2005 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N7,000,000.00 (Seven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 14: That you MR. JAMES ONANEFE IBORI on or about 29th January, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N2,000,000.00 (Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 15: That you MR. JAMES ONANEFE IBORI on or about 29th July 2005 within the jurisdiction of this Honourable Court did transfer the sum of N5,567,000.00 (Five Million, Five Hundred and Sixty-Seven Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 16: That you MR. JAMES ONANEFE IBORI on or about 7th June 2006 within the jurisdiction of this Honourable Court did transfer the sum of N2,877,400.00 (Two Million, Eight Hundred and Seventy “Seven Thousand, Four Hundred Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 17: That you MR. JAMES ONANEFE IBORI on or about 6th April 2005 within the jurisdiction of this Honourable Court did transfer the sum of N3,203,940.00 (Three Million, Two Hundred and Three Thousand, Nine Hundred and Forty Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 18: That you MR. JAMES ONANEFE IBORI on or about 7th April, 2005 within the jurisdiction of this Honourable Court did transfer the sum of N5,985,000.00 (Five Million, Nine Hundred and Eighty-Five Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 19: That you MR. JAMES ONANEFE IBORI on or about 21st June 2006 within the jurisdiction of this Honourable Court did transfer the sum of N5,000,000.00 (Five Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 20: That you MR. JAMES ONANEFE IBORI on or about 3rd February, 2005 within the jurisdiction of this Honourable Court did transfer the sum of N6,000,000.00 (Six Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 21: That you MR. JAMES ONANEFE IBORI on or about 29th August 2006 within the jurisdiction of this Honourable Court did transfer the sum of N14,000,000.00 (Fourteen Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 22: That you MR. JAMES ONANEFE IBORI on or about 19th September, 2003 within the jurisdiction of this Honourable Court did collaborate with CHARTERHOUSE PROJECT AND INVESTMENT LIMITED and ADEBIMPE POGOSON to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds of the Delta State Government and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2003.
COUNT 23: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 7th August, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 24: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N7,000,000.00 (Seven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 25: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N11,000,000.00 (Eleven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 26: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 27: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 28: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 29: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 30: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N4,500,000.00 (Four Million, Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 31: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N40,000,000.00 (Forty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 32: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 33: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 7th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 34: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 35: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 36: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N3,000,000.00 (Three Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 37: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 14th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N2,800,000.00 (Two Million Eight Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 38: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of s which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 39: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 40: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 8th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N30,000,000.00 (Thirty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 41: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 14th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N500,000.00 (Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 42: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 43: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 13th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N4,650,000.00 (Four Million, Six Hundred and Fifty Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
12.14.2007
COUNT 1: That you MR. JAMES ONANEFE IBORI on or about 1st March, 2004 within the jurisdiction of this Honourable Court did transfer the sum of N5,000,000.00 (Five Million Naira) to your personal account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 2: That you MR. JAMES ONANEFE IBORI on or about 10th November, 2004 within the jurisdiction of this Honourable Court did transfer the sum of N1,000,000.00 (One Million Naira) to your personal account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 3: That you MR. JAMES ONANEFE IBORI on or about 1st March, 2006 within the jurisdiction of this Honourable Court did transfer the sum of N20,000,000.00 (Twenty Million Naira) to your personal Account at Guarantee Trust Bank (GTB) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 4: That you MR. JAMES ONANEFE IBORI on or about 2nd October 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N60,000,000.00 (Sixty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 5: That you MR. JAMES ONANEFE IBORI on or about 28th August, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N90,000,000.00 (Ninety Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 6: That you MR. JAMES ONANEFE IBORI on or about 24th July, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N42,000,000.00 (Forty-Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition ) Act 2003.
COUNT 7: That you MR. JAMES ONANEFE IBORI on or about 28th June, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N4,900,000.00 (Four Million, Nine Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of a crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 8: That you MR. JAMES ONANEFE IBORI on or about 4th June, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N90,500,000.00 (Ninety Million, Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 9: That you MR. JAMES ONANEFE IBORI on or about 10th December, 2003 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N30,150,000.00 (Thirty Million, One Hundred and Fifty Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 10: That you MR. JAMES ONANEFE IBORI on or about 28th April, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N14,989,000.00 (Fourteen Million, Nine Hundred and Eighty-Nine Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 11: That you MR. JAMES ONANEFE IBORI on or about 2nd January, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N22,000,000.00 (Twenty-Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 12: That you MR. JAMES ONANEFE IBORI on or about 17th May, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 13: That you MR. JAMES ONANEFE IBORI on or about 6th May, 2005 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N7,000,000.00 (Seven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2004.
COUNT 14: That you MR. JAMES ONANEFE IBORI on or about 29th January, 2004 within the jurisdiction of this Honourable Court did procure the PRIME CHAMBERS owned by PROFESSOR AGBE UTUAMA to retain in its account, the sum of N2,000,000.00 (Two Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 16 of the Money Laundering (Prohibition) Act 2003.
COUNT 15: That you MR. JAMES ONANEFE IBORI on or about 29th July 2005 within the jurisdiction of this Honourable Court did transfer the sum of N5,567,000.00 (Five Million, Five Hundred and Sixty-Seven Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 16: That you MR. JAMES ONANEFE IBORI on or about 7th June 2006 within the jurisdiction of this Honourable Court did transfer the sum of N2,877,400.00 (Two Million, Eight Hundred and Seventy “Seven Thousand, Four Hundred Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 17: That you MR. JAMES ONANEFE IBORI on or about 6th April 2005 within the jurisdiction of this Honourable Court did transfer the sum of N3,203,940.00 (Three Million, Two Hundred and Three Thousand, Nine Hundred and Forty Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 18: That you MR. JAMES ONANEFE IBORI on or about 7th April, 2005 within the jurisdiction of this Honourable Court did transfer the sum of N5,985,000.00 (Five Million, Nine Hundred and Eighty-Five Thousand Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 19: That you MR. JAMES ONANEFE IBORI on or about 21st June 2006 within the jurisdiction of this Honourable Court did transfer the sum of N5,000,000.00 (Five Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 20: That you MR. JAMES ONANEFE IBORI on or about 3rd February, 2005 within the jurisdiction of this Honourable Court did transfer the sum of N6,000,000.00 (Six Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 21: That you MR. JAMES ONANEFE IBORI on or about 29th August 2006 within the jurisdiction of this Honourable Court did transfer the sum of N14,000,000.00 (Fourteen Million Naira) to Silhouette Travels and Tours Limited which sum formed part of the money illegally withdrawn from the account of the Delta State Government and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 22: That you MR. JAMES ONANEFE IBORI on or about 19th September, 2003 within the jurisdiction of this Honourable Court did collaborate with CHARTERHOUSE PROJECT AND INVESTMENT LIMITED and ADEBIMPE POGOSON to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds of the Delta State Government and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2003.
COUNT 23: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 7th August, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 24: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N7,000,000.00 (Seven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 25: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N11,000,000.00 (Eleven Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 26: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 27: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 28: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 29: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 30: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N4,500,000.00 (Four Million, Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 31: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N40,000,000.00 (Forty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 32: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N9,000,000.00 (Nine Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 33: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 7th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 34: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 35: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 36: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N3,000,000.00 (Three Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 37: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 14th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N2,800,000.00 (Two Million Eight Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 38: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of s which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 39: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 9th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N20,000,000.00 (Twenty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 40: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 8th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N30,000,000.00 (Thirty Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 41: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 14th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N500,000.00 (Five Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 42: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 26th October, 2006 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
COUNT 43: That you MR. JAMES ONANEFE IBORI, MER ENGINEERING LIMITED and BAINENOX LIMITED on or about 13th February, 2007 within the jurisdiction of this Honourable Court did collaborate with one another to conceal the genuine origin of the sum of N4,650,000.00 (Four Million, Six Hundred and Fifty Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government to offset a loan granted by United Bank for Africa Plc in favour of BAINENOX LIMITED and for the benefit of MER ENGINEERING LIMITED and which sum you knew represented the proceed of crime with the aim of concealing the nature of the proceed of the said crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2004.
Tuesday, December 18, 2007
Ibori, Fayose Remanded in Prison till January
Former governors of Delta and Ekiti states, Chief James Ibori and Mr. Ayo Fayose, have been ordered to be remanded in prison custody till January.
This means that the two former governors will spend Christmas and New Year in detention.
The Economic and Financial Crimes Commission (EFCC) is prosecuting the two ex-governors for alleged corruption and money laundering.
While the Federal High Court, Kaduna, which yesterday turned down the bail application by Ibori, ordered that the ex-governor be remanded in Kaduna Prisons till January 11, 2008 when his trial would resume; the Federal High Court in Lagos where Fayose was arraigned directed that the impeached Ekiti State governor be remanded in prison custody till January 10.
Ironically, the two former governors pleaded with the two courts to remand them in prison custody as opposed to EFCC's custody.
Ibori is being remanded in Kaduna Prisons while Fayose is the guest of Ikoyi Prisons in Lagos.
Justice Mohammed Lawal Shuaibu of the Kaduna court, however, ordered accelerated hearing in respect of Ibori's trial.
Yesterday, some women who thronged the premises of the Kaduna court in solidarity with Ibori resorted to striping themselves half naked to protest his trial and the refusal of the court to grant the ex-governor bail.
Ibori was arraigned last Thursday on a 103 count-charge of money laundering and stealing amounting to about N9.4 billion.
Operatives of the EFCC drove Ibori to the Kaduna Prisons around 11.15 am yesterday where he was formally handed over to prison officials.
EFCC was the first to arrive the court yesterday at about 7.45 am along with Ibori and the second accused person, Ms. Uzoamaka Okoronkwo.
Shortly after taking records of counsel in court for the case by the Judge, EFCC lawyer, Mr. Rotimi Jacobs, sought to address the court.
He was immediately cut short by the trial Judge who wanted to know what application he (Jacobs) wanted to make.
Before Jacobs could reply, Justice Shuaibu said: "Before you make any application, I will not allow you to arrest my ruling, I am going ahead to read my ruling first before any other thing."
The judge then proceeded to read the ruling.
Justice Shuaibu held that the issue of bail was the prerogative of the judge, stressing that in exercising such discretion the critical issues to be considered were the nature of the offence committed, strength of the offence, likelihood of the accused making himself available for trial and the possibility of the accused interfering with investigations.
Giving the ruling that lasted about 15 minutes, Justice Shuaibu said: "Availability of the accused to stand trial has always been an important factor to be considered by the court. It is my view that same is a statement of fact, which shall ordinarily be made by deposition in an affidavit, likewise, the requirement for reliable surety on the unlikely event that the court is not disposed to granting bail for the accused on self recognition.
"In the light of the above and considering the surrounding circumstances of the case, the accused applicants have not placed before the court sufficient material upon which the court will exercise its favourable discretion in granting the accused persons bail pending trial.
"The oral application for bail in respect of the first and second accused applicants is hereby refused and in the circumstance, an accelerated trial in the case is herby ordered.”
Counsel to Ibori, Mr. Joseph Daudu (SAN), who was the first to address the court after the ruling, said since the ruling was not explicit on where to remand Ibori, the court should order the former governor to be remanded in prison custody, preferably Kaduna Prisons since the trial was taking place in Kaduna.
He complained that EFCC was not disposed to allowing the accused access to his counsel, noting that, "EFCC took it upon itself to nominate which counsel of the defence team to see the accused."
He said the request became necessary in view of the fact that EFCC did not have the facilities to enable the accused persons prepare for their defence.
Daudu alleged that since the last ruling, which placed custody of the accused with the commission, Ibori had within three days been moved from EFCC's headquarters to their training school in Karu.
Jacobs expressed shock at the observations, regretting that it was wrong for the accused counsel to bring the complaint first before the court, without first letting him (Jacobs) know.
He insisted that the commission had the best facilities, which, he said, most of the former governors who had played guests to EFCC had publicly attested to.
Jacobs then told the court he had an application to make for an amended charge and would wish the trial to be stood down to accommodate the application.
Daudu also stated that he too wanted the case stood down to enable him file a motion for bail.
Justice Shuaibu reminded the lawyers that they all had a primary responsibility to assist the court discharge justice.
"As far as I am concerned, there is no application before the court," he said and subsequently adjourned the matter to January 11, 2008.
After a long running battle with EFCC and London Metropolitan police, the former governor was arrested by EFCC officials last Wednesday in Abuja.
In the charge sheet, the former governor was said to have used about 15 fictitious names to acquire shares in Afribank to the tune of about N2.77 billion.
Ibori was also accused of making cash payment in the sum of $15,000,000.00 (Fifteen Million Dollars) to bribe officials of the commission in order to influence their investigations on the former governor.
The women who stripped naked yesterday were among hundreds of people said to be from Delta State who besieged the court to show solidarity with the former governor over his travails.
The protesters initially carried placards, which had various inscriptions condemning Ibori's trial.
The placards among others read, "Release Ibori now, Killing Ibori Cannot Kill Resource Control, and Is this Another Plot to Reduce the Chances of South-south Voices."
But when the news filtered outside that the court had refused bail to Ibori, the women immediately turned wild, striping themselves off their blouses, leaving only their braziers alone, while some of them kept rolling on the ground and screaming on top of their voices.
The people who were believed to be Ibori's supporters had arrived the court premises located in the Kawo area of Kaduna State as early as 6.00 am, but were refused entry into the court proper by several hordes of police men who said they were acting on superior orders.
Also yesterday, there was palpable tension in Oghara, the hometown of the embattled former Delta State governor following the failure of the Kaduna court to grant him bail.
However, no incidence of violence was, however, reported despite the fact that several hundreds of people organised pockets of peaceful protests in parts of the state yesterday, at the time of filing this report last night, in connection with the latest development on the Ibori versus EFCC.
Nonetheless, there was heavy security presence especially on the Benin-Warri-Port Harcourt Expressway, apparently to forestall any breakdown of law and order.
The deployment of more security personnel especially in relatively volatile Delta Central and Delta South may not be unconnected with threats of violence from various quarters, particularly by some militant groups, should Ibori be refused court bail yesterday.
Yesterday green leaves and placard-carrying protesters were mostly drawn from Effurun, Oghara, hometown of the embattled ex-governor and the largely Itsekiri axis.
The impeached Ekiti State governor was slammed with a 51-count charge of fraud, money laundering and illegal diversion of public funds totalling over N2billion at the Federal High Court in Lagos.
Like his colleague, Ibori, the impeached Ekiti State governor, however, pleaded not guilty to the charges, after it was read to him in sequential order,
The former governor, who was brought to court at about 10.14 am in a Peugeot Expert Van, with registration number, BM759FKJ, accompanied by two Hilux Tayota buses with registration number EV105EKY and EV104EKY, was escorted by stern-looking security operatives from EFCC and Mobile police force.
Soon after he was ushered into the court, and proceedings started with the introduction of counsel, the charge was read to Fayose.
He pleaded not guilty to each of the charges.
After his plea was taken, his counsel, Mr. Yusuf Ali (SAN), applied orally for his bail, contending that it was normal for the court to hear and entertain oral application for bail and grant same.
He cited many authorities to back his argument.
But the presiding judge, Justice Tijani Abubakar, said in view of the issues of facts that were raised in the matter, the oral bail application could not sufficiently address the issues, hence there was the need to come properly, by filing the necessary bail application.
Consequently, the court noted that there was no application before it and adjourned till January 10, 2008 for the trial.
Counsel to EFCC had earlier sought to amend the charge filed against the accused persons which was granted by the court..
The earlier charge had the name of Goke Olatunji and Gbenga James alongside that of Fayose.
Counsel to Fayose thereafter asked that he (Fayose) be remanded in prison custody, which was not opposed by the EFCC.
Consequent upon this, the court ordered that Fayose be remanded in Ikoyi Prisons in Lagos.
Briefing journalists on why he preferred his client to be remanded in prison custody as against EFCC custody, Ali said from experience, lawyers usually have access to their clients when they are in prison than when they are in EFCC custody.
With an application by EFCC, the court also withdrew the charge against two former aides, Goke Olatunji and Gbenga James, who were charged last year on the same charge, now preferred against Fayose.
THISDAY however, gathered that the two former aides are now prosecution witnesses, as their names were listed by EFCC as witnesses it intends to rely on in prosecuting Fayose.
In order to avoid being humiliated by the anti-graft agency, Fayose had last Friday submitted himself and was detained all through the weekend until yesterday when he was arraigned.
Speaking to newsmen who had laid siege in the commission's office, the former governor said that having not heard from the EFCC following a letter he wrote it, he on his own decided to appear before it.
He said: "I am here today to officially present myself to the EFCC, so that I will have the opportunity to defend myself of all the allegations against me. I volunteered myself to come here (EFCC). I had written the commission that I wanted to come, but got no reply, so I decided to come myself."
Former governors that have been arraigned in court by EFCC over alleged corrupt practices while in office included Orji Uzor Kalu of Abia State, Saminu Turaki of Jigawa State, Chimaroke Nnamani of Enugu State, Jolly Nyame of Taraba State, Joshua Dariye of Plateau State and Ibori of Delta State who was arraigned last week in Kaduna.
This means that the two former governors will spend Christmas and New Year in detention.
The Economic and Financial Crimes Commission (EFCC) is prosecuting the two ex-governors for alleged corruption and money laundering.
While the Federal High Court, Kaduna, which yesterday turned down the bail application by Ibori, ordered that the ex-governor be remanded in Kaduna Prisons till January 11, 2008 when his trial would resume; the Federal High Court in Lagos where Fayose was arraigned directed that the impeached Ekiti State governor be remanded in prison custody till January 10.
Ironically, the two former governors pleaded with the two courts to remand them in prison custody as opposed to EFCC's custody.
Ibori is being remanded in Kaduna Prisons while Fayose is the guest of Ikoyi Prisons in Lagos.
Justice Mohammed Lawal Shuaibu of the Kaduna court, however, ordered accelerated hearing in respect of Ibori's trial.
Yesterday, some women who thronged the premises of the Kaduna court in solidarity with Ibori resorted to striping themselves half naked to protest his trial and the refusal of the court to grant the ex-governor bail.
Ibori was arraigned last Thursday on a 103 count-charge of money laundering and stealing amounting to about N9.4 billion.
Operatives of the EFCC drove Ibori to the Kaduna Prisons around 11.15 am yesterday where he was formally handed over to prison officials.
EFCC was the first to arrive the court yesterday at about 7.45 am along with Ibori and the second accused person, Ms. Uzoamaka Okoronkwo.
Shortly after taking records of counsel in court for the case by the Judge, EFCC lawyer, Mr. Rotimi Jacobs, sought to address the court.
He was immediately cut short by the trial Judge who wanted to know what application he (Jacobs) wanted to make.
Before Jacobs could reply, Justice Shuaibu said: "Before you make any application, I will not allow you to arrest my ruling, I am going ahead to read my ruling first before any other thing."
The judge then proceeded to read the ruling.
Justice Shuaibu held that the issue of bail was the prerogative of the judge, stressing that in exercising such discretion the critical issues to be considered were the nature of the offence committed, strength of the offence, likelihood of the accused making himself available for trial and the possibility of the accused interfering with investigations.
Giving the ruling that lasted about 15 minutes, Justice Shuaibu said: "Availability of the accused to stand trial has always been an important factor to be considered by the court. It is my view that same is a statement of fact, which shall ordinarily be made by deposition in an affidavit, likewise, the requirement for reliable surety on the unlikely event that the court is not disposed to granting bail for the accused on self recognition.
"In the light of the above and considering the surrounding circumstances of the case, the accused applicants have not placed before the court sufficient material upon which the court will exercise its favourable discretion in granting the accused persons bail pending trial.
"The oral application for bail in respect of the first and second accused applicants is hereby refused and in the circumstance, an accelerated trial in the case is herby ordered.”
Counsel to Ibori, Mr. Joseph Daudu (SAN), who was the first to address the court after the ruling, said since the ruling was not explicit on where to remand Ibori, the court should order the former governor to be remanded in prison custody, preferably Kaduna Prisons since the trial was taking place in Kaduna.
He complained that EFCC was not disposed to allowing the accused access to his counsel, noting that, "EFCC took it upon itself to nominate which counsel of the defence team to see the accused."
He said the request became necessary in view of the fact that EFCC did not have the facilities to enable the accused persons prepare for their defence.
Daudu alleged that since the last ruling, which placed custody of the accused with the commission, Ibori had within three days been moved from EFCC's headquarters to their training school in Karu.
Jacobs expressed shock at the observations, regretting that it was wrong for the accused counsel to bring the complaint first before the court, without first letting him (Jacobs) know.
He insisted that the commission had the best facilities, which, he said, most of the former governors who had played guests to EFCC had publicly attested to.
Jacobs then told the court he had an application to make for an amended charge and would wish the trial to be stood down to accommodate the application.
Daudu also stated that he too wanted the case stood down to enable him file a motion for bail.
Justice Shuaibu reminded the lawyers that they all had a primary responsibility to assist the court discharge justice.
"As far as I am concerned, there is no application before the court," he said and subsequently adjourned the matter to January 11, 2008.
After a long running battle with EFCC and London Metropolitan police, the former governor was arrested by EFCC officials last Wednesday in Abuja.
In the charge sheet, the former governor was said to have used about 15 fictitious names to acquire shares in Afribank to the tune of about N2.77 billion.
Ibori was also accused of making cash payment in the sum of $15,000,000.00 (Fifteen Million Dollars) to bribe officials of the commission in order to influence their investigations on the former governor.
The women who stripped naked yesterday were among hundreds of people said to be from Delta State who besieged the court to show solidarity with the former governor over his travails.
The protesters initially carried placards, which had various inscriptions condemning Ibori's trial.
The placards among others read, "Release Ibori now, Killing Ibori Cannot Kill Resource Control, and Is this Another Plot to Reduce the Chances of South-south Voices."
But when the news filtered outside that the court had refused bail to Ibori, the women immediately turned wild, striping themselves off their blouses, leaving only their braziers alone, while some of them kept rolling on the ground and screaming on top of their voices.
The people who were believed to be Ibori's supporters had arrived the court premises located in the Kawo area of Kaduna State as early as 6.00 am, but were refused entry into the court proper by several hordes of police men who said they were acting on superior orders.
Also yesterday, there was palpable tension in Oghara, the hometown of the embattled former Delta State governor following the failure of the Kaduna court to grant him bail.
However, no incidence of violence was, however, reported despite the fact that several hundreds of people organised pockets of peaceful protests in parts of the state yesterday, at the time of filing this report last night, in connection with the latest development on the Ibori versus EFCC.
Nonetheless, there was heavy security presence especially on the Benin-Warri-Port Harcourt Expressway, apparently to forestall any breakdown of law and order.
The deployment of more security personnel especially in relatively volatile Delta Central and Delta South may not be unconnected with threats of violence from various quarters, particularly by some militant groups, should Ibori be refused court bail yesterday.
Yesterday green leaves and placard-carrying protesters were mostly drawn from Effurun, Oghara, hometown of the embattled ex-governor and the largely Itsekiri axis.
The impeached Ekiti State governor was slammed with a 51-count charge of fraud, money laundering and illegal diversion of public funds totalling over N2billion at the Federal High Court in Lagos.
Like his colleague, Ibori, the impeached Ekiti State governor, however, pleaded not guilty to the charges, after it was read to him in sequential order,
The former governor, who was brought to court at about 10.14 am in a Peugeot Expert Van, with registration number, BM759FKJ, accompanied by two Hilux Tayota buses with registration number EV105EKY and EV104EKY, was escorted by stern-looking security operatives from EFCC and Mobile police force.
Soon after he was ushered into the court, and proceedings started with the introduction of counsel, the charge was read to Fayose.
He pleaded not guilty to each of the charges.
After his plea was taken, his counsel, Mr. Yusuf Ali (SAN), applied orally for his bail, contending that it was normal for the court to hear and entertain oral application for bail and grant same.
He cited many authorities to back his argument.
But the presiding judge, Justice Tijani Abubakar, said in view of the issues of facts that were raised in the matter, the oral bail application could not sufficiently address the issues, hence there was the need to come properly, by filing the necessary bail application.
Consequently, the court noted that there was no application before it and adjourned till January 10, 2008 for the trial.
Counsel to EFCC had earlier sought to amend the charge filed against the accused persons which was granted by the court..
The earlier charge had the name of Goke Olatunji and Gbenga James alongside that of Fayose.
Counsel to Fayose thereafter asked that he (Fayose) be remanded in prison custody, which was not opposed by the EFCC.
Consequent upon this, the court ordered that Fayose be remanded in Ikoyi Prisons in Lagos.
Briefing journalists on why he preferred his client to be remanded in prison custody as against EFCC custody, Ali said from experience, lawyers usually have access to their clients when they are in prison than when they are in EFCC custody.
With an application by EFCC, the court also withdrew the charge against two former aides, Goke Olatunji and Gbenga James, who were charged last year on the same charge, now preferred against Fayose.
THISDAY however, gathered that the two former aides are now prosecution witnesses, as their names were listed by EFCC as witnesses it intends to rely on in prosecuting Fayose.
In order to avoid being humiliated by the anti-graft agency, Fayose had last Friday submitted himself and was detained all through the weekend until yesterday when he was arraigned.
Speaking to newsmen who had laid siege in the commission's office, the former governor said that having not heard from the EFCC following a letter he wrote it, he on his own decided to appear before it.
He said: "I am here today to officially present myself to the EFCC, so that I will have the opportunity to defend myself of all the allegations against me. I volunteered myself to come here (EFCC). I had written the commission that I wanted to come, but got no reply, so I decided to come myself."
Former governors that have been arraigned in court by EFCC over alleged corrupt practices while in office included Orji Uzor Kalu of Abia State, Saminu Turaki of Jigawa State, Chimaroke Nnamani of Enugu State, Jolly Nyame of Taraba State, Joshua Dariye of Plateau State and Ibori of Delta State who was arraigned last week in Kaduna.
Thursday, December 13, 2007
Ibori Bribed EFCC With N1.8 Billion, 103-Count Charge Read In Court
Details of how former governor of Delta State, James Ibori, attempted to subvert justice by bribing EFCC officials with $15 million (about N1.8 billion) emerged this morning at the Federal High Court, Kaduna, where he is being tried for alleged money laundering.
Ibori and four others were this morning arraigned on a 103-count charge of money laundering and abuse of office.
The EFCC, in one of the charges, alleged that Ibori on 26 April, 2007 made a cash payment of N1.8 billion ($15m) to EFCC investigators in order to influence their investigation.
According to the EFCC, the offence is contrary to and punishable under section 15(2) of the Money Laundering (Prohibition) Act.
The EFCC also alleged that Ibori on 31 December, 2004, collaborated with Lipopo Nigeria Limited to conceal the genuine origin of the sum of N280 million to buy Afribank shares in the names of fictitious persons.
Another charge accused him of collaborating with Kent to conceal the genuine origin of N220 million by using same to buy Afribank shares in the name of fictitious persons.
Ibori was also alleged to have transferred the sum of N5 billion from the account of the Delta State government to buy shares from Afribank with a fictitious company.
He was alleged to have also transferred N5 million to his personal account at Guaranty Trust Bank (GTB) illegally from the account of the Delta State government, “and which you knew represent the proceeds of crime with the aim of concealing the nature of crime”.
Another charge against him reads: “That you, James Onanefe Ibori on 10 November 2004, transferred N1 million to your personal account at GTB which forms part of the fund from the account of the Delta State government.”
The presiding Judge, Justice Mohammed Lawal Shuaibu, refused to grant him bail based on the submission of the EFCC counsel, Mr. Rotimi Jacobs, that he might jump bail.
Jacobs buttressed his argument with the fact that Ibori had been convicted twice in England for fraud related charges and that he might abscond if granted bail.
Even though Ibori’s counsel, Daudu, pleaded with the court to grant him bail, Justice Shuaibu declined to do so and ordered that he be remanded in EFCC custody until Monday, 17 December, when the court is expected to further consider his application for bail.
Security was tight at the premises of the court as armed anti-riot policemen frisked lawyers and judicial staff moving into the premises.
Despite the tight security, some protesting youths were seen with placards commending the EFCC for a job well done.
The inscriptions on some of the placards read: “ICPC, EFCC, CCB, Well Done’; ‘No Hiding place for corrupt leaders’; ‘With leaders like Ibori, Niger Delta Doesn’t need an enemy’; ‘No To Black Market Rule of Law’, etc.
Ibori was arrested yesterday by officials of EFCC at about 11 a.m. at his Asokoro residence in Abuja and taken to the EFCC office where he is currently being interrogated.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
The London Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while she was about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets, worth N5 billion, have been frozen.
The investigating team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and several other countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to Ibori, such as Haleway Properties Ltd., Gibraltar; the property at 7, Westover Hill in the UK, valued at over 4 million pounds; the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering.
About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
Ibori and four others were this morning arraigned on a 103-count charge of money laundering and abuse of office.
The EFCC, in one of the charges, alleged that Ibori on 26 April, 2007 made a cash payment of N1.8 billion ($15m) to EFCC investigators in order to influence their investigation.
According to the EFCC, the offence is contrary to and punishable under section 15(2) of the Money Laundering (Prohibition) Act.
The EFCC also alleged that Ibori on 31 December, 2004, collaborated with Lipopo Nigeria Limited to conceal the genuine origin of the sum of N280 million to buy Afribank shares in the names of fictitious persons.
Another charge accused him of collaborating with Kent to conceal the genuine origin of N220 million by using same to buy Afribank shares in the name of fictitious persons.
Ibori was also alleged to have transferred the sum of N5 billion from the account of the Delta State government to buy shares from Afribank with a fictitious company.
He was alleged to have also transferred N5 million to his personal account at Guaranty Trust Bank (GTB) illegally from the account of the Delta State government, “and which you knew represent the proceeds of crime with the aim of concealing the nature of crime”.
Another charge against him reads: “That you, James Onanefe Ibori on 10 November 2004, transferred N1 million to your personal account at GTB which forms part of the fund from the account of the Delta State government.”
The presiding Judge, Justice Mohammed Lawal Shuaibu, refused to grant him bail based on the submission of the EFCC counsel, Mr. Rotimi Jacobs, that he might jump bail.
Jacobs buttressed his argument with the fact that Ibori had been convicted twice in England for fraud related charges and that he might abscond if granted bail.
Even though Ibori’s counsel, Daudu, pleaded with the court to grant him bail, Justice Shuaibu declined to do so and ordered that he be remanded in EFCC custody until Monday, 17 December, when the court is expected to further consider his application for bail.
Security was tight at the premises of the court as armed anti-riot policemen frisked lawyers and judicial staff moving into the premises.
Despite the tight security, some protesting youths were seen with placards commending the EFCC for a job well done.
The inscriptions on some of the placards read: “ICPC, EFCC, CCB, Well Done’; ‘No Hiding place for corrupt leaders’; ‘With leaders like Ibori, Niger Delta Doesn’t need an enemy’; ‘No To Black Market Rule of Law’, etc.
Ibori was arrested yesterday by officials of EFCC at about 11 a.m. at his Asokoro residence in Abuja and taken to the EFCC office where he is currently being interrogated.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
The London Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while she was about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets, worth N5 billion, have been frozen.
The investigating team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and several other countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to Ibori, such as Haleway Properties Ltd., Gibraltar; the property at 7, Westover Hill in the UK, valued at over 4 million pounds; the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering.
About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
EFCC Hires US Firm to Source Funds
The Economic and Financial Crimes Commission (EFCC) has hired a consulting firm in the United States (US) to help it secure foreign aid.
The firm, KRL International, was hired on a month-to-month pro bono contract basis, according to records from the Justice Department.
KRL International is expected to help the EFCC source for funds by reaching out to non-governmental organisations in the country, US government officials, private donors, several think tanks and lawmakers.
The firm is believed to have secured the deal based on its relationship with the administration of former president, Chief Olusegun Obasanjo.
The firm's Managing Director, Riva Levinson, was quoted as saying that Nigerians were concerned about fighting corruption.
“It is something no longer imposed from the outside but is bubbling up from the population. It is an African concern not just a donor concern,” she declared.
Levinson who started her own company last year has worked for several African governments.
Reports say she would want Nigeria's anti-corruption drive replicated in other countries on the continent.
The EFCC headed by Mallam Nuhu Ribadu received international recognition following its successful arrest and prosecution of alleged corrupt persons in the country.
A creation of the Obasanjo's government, the agency received full support to carry out its mission. EFCC's effort was welcomed by the international community including foreign investors wary of doing business in Nigeria.
The country's battered image received a boost following the results the agency achieved. Nigerians also applauded EFCC.
In a Gallup opinion poll facilitated by former Finance Minister, Dr. Ngozi Okonjo-Iweala, in February 2007, 66 per cent of Nigerians said they had confidence in the agency.
It has however received bashing from critics who say it was used by Obasanjo to haunt political enemies.
The firm, KRL International, was hired on a month-to-month pro bono contract basis, according to records from the Justice Department.
KRL International is expected to help the EFCC source for funds by reaching out to non-governmental organisations in the country, US government officials, private donors, several think tanks and lawmakers.
The firm is believed to have secured the deal based on its relationship with the administration of former president, Chief Olusegun Obasanjo.
The firm's Managing Director, Riva Levinson, was quoted as saying that Nigerians were concerned about fighting corruption.
“It is something no longer imposed from the outside but is bubbling up from the population. It is an African concern not just a donor concern,” she declared.
Levinson who started her own company last year has worked for several African governments.
Reports say she would want Nigeria's anti-corruption drive replicated in other countries on the continent.
The EFCC headed by Mallam Nuhu Ribadu received international recognition following its successful arrest and prosecution of alleged corrupt persons in the country.
A creation of the Obasanjo's government, the agency received full support to carry out its mission. EFCC's effort was welcomed by the international community including foreign investors wary of doing business in Nigeria.
The country's battered image received a boost following the results the agency achieved. Nigerians also applauded EFCC.
In a Gallup opinion poll facilitated by former Finance Minister, Dr. Ngozi Okonjo-Iweala, in February 2007, 66 per cent of Nigerians said they had confidence in the agency.
It has however received bashing from critics who say it was used by Obasanjo to haunt political enemies.
Wednesday, December 12, 2007
Ibori Arrested After Bid To Escape
Former governor of Delta State, Chief James Onanefe Ibori, has been arrested by officials of the Economic and Financial Crimes Commission (EFCC) over alleged missing funds belonging to the Delta State government. P.M.News gathered that Ibori was arrested this morning at about 11 a.m. at his Asokoro residence in Abuja and taken to the EFCC office where he is currently being interrogated.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
London’s Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets worth N5 billion have been frozen.
The investigation team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and third countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to the former Delta State Governor, such as Haleway Properties Ltd., Gibraltar, the property at 7, Westover Hill in the UK, valued at over 4 million pounds, the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering. About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
London’s Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets worth N5 billion have been frozen.
The investigation team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and third countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to the former Delta State Governor, such as Haleway Properties Ltd., Gibraltar, the property at 7, Westover Hill in the UK, valued at over 4 million pounds, the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering. About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
Ibori Arrested After Bid To Escape
Former governor of Delta State, Chief James Onanefe Ibori, has been arrested by officials of the Economic and Financial Crimes Commission (EFCC) over alleged missing funds belonging to the Delta State government. P.M.News gathered that Ibori was arrested this morning at about 11 a.m. at his Asokoro residence in Abuja and taken to the EFCC office where he is currently being interrogated.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
London’s Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets worth N5 billion have been frozen.
The investigation team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and third countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to the former Delta State Governor, such as Haleway Properties Ltd., Gibraltar, the property at 7, Westover Hill in the UK, valued at over 4 million pounds, the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering. About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
He was said to have escaped to the Kwara State government lodge in Abuja when he discovered the presence of EFCC officials around his house.
His arrest brought to an end the cat and mouse game between him and EFCC officials who have been trying to bring him to book to answer charges bordering on alleged financial impropriety while he was governor of Delta State between May 1999 and May 2007.
London’s Metropolitan Police had earlier arrested his wife, Theresa Nkoyo, while about to board a Virgin Atlantic flight to Lagos.
The police said her arrest was “in connection with an ongoing money laundering enquiry.”
Ibori has been the subject of money laundering investigation in the UK, where his assets worth N5 billion have been frozen.
The investigation team of the Metropolitan Police has made several visits to Nigeria on the matter.
Also under arrest were some of Ibori’s associates, including Adebimpe Pogoson, described as Ibori’s special assistant, who is said to control a number of companies and bank accounts in Nigeria and third countries; Christine Ibori-Ebie, James Ibori’s sister and Udoamaka Okoronkwo Onuigbo, said to be James Ibori’s banker.
Under probe are companies and properties said to belong to the former Delta State Governor, such as Haleway Properties Ltd., Gibraltar, the property at 7, Westover Hill in the UK, valued at over 4 million pounds, the property at 42, Great Ground Street, Shaftsbury also in the UK and the company called Telston Quaye Ltd., (British Virgin Island).
Among allegations levelled against him were that he paid $20 million to Bombardier Inc. of Canada, an aircraft manufacturer, for the purpose of buying a plane.
Also being investigated is a London Barclays Bank account in the name of MER Engineering. About 2.3 million pounds in deposits were traced to the account as payments by Chevron and NNPC, within three years.
Friday, November 30, 2007
Edo: Ballot Recount Shows Guber Results Were Inflated
Many at the venue of the Edo State Election Petitions Tribunal sitting in Benin City could not hide their surprise and astonishment yesterday.
This was because the figures arrived at after the recount ordered by the tribunal in 12 of the 18 local governments in the state were much lower than the results declared by the Independent National Electoral Commission (INEC) in the councils in respect of the last April 14 governorship election in the state.
INEC had returned the Peoples Democratic Party (PDP) candidate in the election, Senator Oserheimen Osunbor, as the winner of the election but dissatisfied with the results, the Action Congress (AC) candidate, Mr. Adams Oshiomhole, challenged Osun-bor’s victory at the tribunal.
The AC candidate had asked the tribunal to order a recount following the inability of INEC to give the accurate results of the poll.
In its preliminary ruling on the petition, the tribunal ordered a recount of the ballots in the 12 local governments.
The outcome of the recount was announced to a stunned audience yesterday at the tribunal by a top official of INEC, Mr. Kayode Olawale.
According to Olawale, used, unused and invalid ballots were all counted during the recount.
The figures reeled out were not only at variance with what INEC had declared but also showed that whereas the results were jerked up in areas considered as Osunbor strongholds, they were lowered in places considered to be Oshiomhole’s base.
The surprise began when Olawale mounted the witness box to continue his evidence-in-chief under cross-examination by counsel to the AC candidate, Chief Adeniyi Akintola.
Olawale, who is the Head of Administration of the state INEC, read out the outcome of the recount and the results declared by INEC local government by local government which showed conflicting figures.
Olawale said he was reading from the results emanating from the recounting done in the 12 government as against the results declared by INEC.
The figures arrived at after the recount and those declared by INEC in respect of the 12 local governments are as shown below
This was because the figures arrived at after the recount ordered by the tribunal in 12 of the 18 local governments in the state were much lower than the results declared by the Independent National Electoral Commission (INEC) in the councils in respect of the last April 14 governorship election in the state.
INEC had returned the Peoples Democratic Party (PDP) candidate in the election, Senator Oserheimen Osunbor, as the winner of the election but dissatisfied with the results, the Action Congress (AC) candidate, Mr. Adams Oshiomhole, challenged Osun-bor’s victory at the tribunal.
The AC candidate had asked the tribunal to order a recount following the inability of INEC to give the accurate results of the poll.
In its preliminary ruling on the petition, the tribunal ordered a recount of the ballots in the 12 local governments.
The outcome of the recount was announced to a stunned audience yesterday at the tribunal by a top official of INEC, Mr. Kayode Olawale.
According to Olawale, used, unused and invalid ballots were all counted during the recount.
The figures reeled out were not only at variance with what INEC had declared but also showed that whereas the results were jerked up in areas considered as Osunbor strongholds, they were lowered in places considered to be Oshiomhole’s base.
The surprise began when Olawale mounted the witness box to continue his evidence-in-chief under cross-examination by counsel to the AC candidate, Chief Adeniyi Akintola.
Olawale, who is the Head of Administration of the state INEC, read out the outcome of the recount and the results declared by INEC local government by local government which showed conflicting figures.
Olawale said he was reading from the results emanating from the recounting done in the 12 government as against the results declared by INEC.
The figures arrived at after the recount and those declared by INEC in respect of the 12 local governments are as shown below
Wednesday, November 28, 2007
Ibori: FG kicks against court order
THE injuntion granted, last week, by a Federal High Court, Benin restraining the Economic and Financial Crimes Commission (EFCC) from arresting the immediate past governor of Delta State, Chief James Ibori, is unacceptable to the Federal Government which has decided to get it vacated.
Government has an ally in the Nigeria Bar Association (NBA) which has asked the National Judicial Council (NJC) to stop judges from granting frivolous ex-parte injunction shielding certain people from prosecution.
Besides, a former Attorney-General of the Federation and Justice Minister, Chief Chike Ofodile (SAN), has risen in the defence of the incumbent AG, Chief Michael Aondoakaa (SAN), over his stand-off with the EFCC, saying he (AG) has not done anything wrong.
Chief Aondoakaa in a letter to the EFCC chairman, Mallam Nuhu Ribadu, requested all facts at his disposal to enable the ministry (of Justice) and the commission prepare a joint and formidable legal position to thwart the injunction.
In the October 10, 2007 letter, Aondoakaa contends that the injunction ought not to be granted in the first place.
It reads: “Kindly refer to the attachments in respect of the aforementioned matter, especially the court order dated October 9, 2007.
“I write to inform you of my intention to contest the action and challenge the order with a view to having it vacated by the court.
“In furtherance of the above, I hereby request you to forward a copy of your proposed defence to the action and any counter-affidavit in support as soon as possible to enable the Ministry of Justice and the EFCC work harmoniously in order to prepare and file the same response and defence to the action.
“Please treat as urgent to enable me act accordingly.
“Accept the assurances of my warm regards and best wishes,” he signed off.
Why FG should vacate court order —AG
And speaking to Nigerians yesterday in Lagos, Aondoakaa said it was necessary for the commission to first vacate the court order so that there would not be any hindrance to its investigation of the former governor and his officials.
He noted that he was not oblivious of the order granted by the Federal High Court in Benin restraining the EFCC from investigation, adding that he has already expressed his disagreement with the order.
He said: “You cannot sit in your room and say you have disagreed with the order. So we are going there to contest it.
Since the EFCC has the evidence, I have asked it to contact its lawyers to also appear for me so that there won’t be conflict in the presentation of the case. I shouldn’t be singing a different story while their lawyer will be saying a different thing. Since they are the real people with the evidence, the lawyers they will engage should also defend me so that we would not bring another story.”
Speaking on ex-governors rushing to court getting injunction to restrain the anti-graft bodies, he said:
“Time will come to pass. It is only that Nigerians are not patient. If Nigerians are patient, definitely we will over come it. Let them rush to the court.
Don’t forget we have higher courts like the Court of Appeal and Supreme Court. By the time we go to the Court of Appeal or Supreme Court to say these orders are irresponsible orders, then we would have had a superior court to disregard those orders.
This is what I was trying to entrench and you people are in a hurry to criticise me.”
NBA writes CJN on exparte oreders
Sharing the same views with the AG, the NBA in its petition to the chairman of the NJC and Chief Justice of Nigeria, Justice Idris Kutigi, said:
“My Lord, while the NBA stands by its advocacy for a society anchored on rule of law, recent events, exemplified in the spate of ex -parte injunctions in about three cases across the country, have exposed obvious manipulation of the entire concept through ex-parte injunctions.
The ex-parte orders have the effect of hampering investigation of allegations of corrupt enrichment by former public officials or preventing the arrest of such former public officials in respect of the alleged corrupt enrichment.
“The NJC has always reiterated to the judicial officers, the need to be cautious in issuing ex- parte injunctions.
The NJC’s directive has now become more relevant, as the ex-parte injunctions have the effect of hampering investigation of suspects by the law enforcement agencies.
The case of Fawehinmi v. Inspector-General of Police shows that there is no restraint on investigation of offences, not even in the face of constitutional immunity.
“As advocates of the rule of law, we feel embarrassed that judges now issue ex-parte orders to prevent the arrest of suspected offenders and investigation of allegations of commissioning of offences, especially when they border on corrupt misappropriation of public funds.
The danger posed by the spate of ex-parte orders is that the need for the rule of law, which we advocate, may now be obfuscated in the eyes of the public.
Rule of law may now become a metaphor for impunity in the perception of Nigerians.
My Lord, it may be necessary for the Council to restate to judges the need to prevent manipulation of the concept of the rule of law by issuing ex parte injunctions to prevent law enforcement agencies from investigating allegations of corruption,” it said.
Offodile defends Aondoakaa
Meanwhile, Attorney-General of the Federation and Minister of Justice in the Buhari military administration, Chief Chike Offodile (SAN), has risen in defence of the incumbent, Mr. Aondoakaa, over the controversy between him and the EFCC, saying the Minister has been acting in line with his constitutional powers.
Chief Ofodile said those criticising the Attorney-General were ignorant of the duties and functions of the office of the Attorney-General and Minister of Justice.
Ofodile, who is now the Traditional Prime Minister of Onitsha said: “I will like those who are criticising the Attorney-General and Minster of Justice of the Federation Mr. Michael Aondoakaa (SAN) to go and read from the constitution what the functions and duties of the Attorney-General and Minister of Justice are.
“The Attorney-General needs not to dance to the tones of any political party.
He is the defender of all Nigerians irrespective of their position, colour or political affiliation, but unfortunately your country does not understand that.
“When I was the Attorney-General and Minister of Justice, they said I was dishing out decrees but I have not for one day regretted what I did and will never regret it because I was doing what was expected of that office."
EFCC mounts pressure against Ibori
However, the anti-graft agency is said to be mounting pressure on the Delta State government to produce evidence with which to nail Chief Ibori.
According to a top functionary of Delta State Government, who preferred anonymity, EFCC was currently mounting pressure on the state government to produce evidence which it would send to the UK’s authorities to establish that Ibori’s assets were indeed acquired with stolen wealth.
“I can tell you that neither the Office of the Federation Attorney-General nor that of the EFCC has anything to prove the allegation that Ibori stole public funds to acquire the controversial assets in UK,” the source said.
According to him, the state government under Ibori had furnished the commission with all the details of the state’s finances as well as contracts awarded by the state.
He said EFCC was making a fresh move to examine the accounts of the state between May 29, 1999 and May 29, 2007 with a view to getting facts that would enable the British Authorities to sustain an order procured against Ibori confiscating his assets worth £35 million.
Government has an ally in the Nigeria Bar Association (NBA) which has asked the National Judicial Council (NJC) to stop judges from granting frivolous ex-parte injunction shielding certain people from prosecution.
Besides, a former Attorney-General of the Federation and Justice Minister, Chief Chike Ofodile (SAN), has risen in the defence of the incumbent AG, Chief Michael Aondoakaa (SAN), over his stand-off with the EFCC, saying he (AG) has not done anything wrong.
Chief Aondoakaa in a letter to the EFCC chairman, Mallam Nuhu Ribadu, requested all facts at his disposal to enable the ministry (of Justice) and the commission prepare a joint and formidable legal position to thwart the injunction.
In the October 10, 2007 letter, Aondoakaa contends that the injunction ought not to be granted in the first place.
It reads: “Kindly refer to the attachments in respect of the aforementioned matter, especially the court order dated October 9, 2007.
“I write to inform you of my intention to contest the action and challenge the order with a view to having it vacated by the court.
“In furtherance of the above, I hereby request you to forward a copy of your proposed defence to the action and any counter-affidavit in support as soon as possible to enable the Ministry of Justice and the EFCC work harmoniously in order to prepare and file the same response and defence to the action.
“Please treat as urgent to enable me act accordingly.
“Accept the assurances of my warm regards and best wishes,” he signed off.
Why FG should vacate court order —AG
And speaking to Nigerians yesterday in Lagos, Aondoakaa said it was necessary for the commission to first vacate the court order so that there would not be any hindrance to its investigation of the former governor and his officials.
He noted that he was not oblivious of the order granted by the Federal High Court in Benin restraining the EFCC from investigation, adding that he has already expressed his disagreement with the order.
He said: “You cannot sit in your room and say you have disagreed with the order. So we are going there to contest it.
Since the EFCC has the evidence, I have asked it to contact its lawyers to also appear for me so that there won’t be conflict in the presentation of the case. I shouldn’t be singing a different story while their lawyer will be saying a different thing. Since they are the real people with the evidence, the lawyers they will engage should also defend me so that we would not bring another story.”
Speaking on ex-governors rushing to court getting injunction to restrain the anti-graft bodies, he said:
“Time will come to pass. It is only that Nigerians are not patient. If Nigerians are patient, definitely we will over come it. Let them rush to the court.
Don’t forget we have higher courts like the Court of Appeal and Supreme Court. By the time we go to the Court of Appeal or Supreme Court to say these orders are irresponsible orders, then we would have had a superior court to disregard those orders.
This is what I was trying to entrench and you people are in a hurry to criticise me.”
NBA writes CJN on exparte oreders
Sharing the same views with the AG, the NBA in its petition to the chairman of the NJC and Chief Justice of Nigeria, Justice Idris Kutigi, said:
“My Lord, while the NBA stands by its advocacy for a society anchored on rule of law, recent events, exemplified in the spate of ex -parte injunctions in about three cases across the country, have exposed obvious manipulation of the entire concept through ex-parte injunctions.
The ex-parte orders have the effect of hampering investigation of allegations of corrupt enrichment by former public officials or preventing the arrest of such former public officials in respect of the alleged corrupt enrichment.
“The NJC has always reiterated to the judicial officers, the need to be cautious in issuing ex- parte injunctions.
The NJC’s directive has now become more relevant, as the ex-parte injunctions have the effect of hampering investigation of suspects by the law enforcement agencies.
The case of Fawehinmi v. Inspector-General of Police shows that there is no restraint on investigation of offences, not even in the face of constitutional immunity.
“As advocates of the rule of law, we feel embarrassed that judges now issue ex-parte orders to prevent the arrest of suspected offenders and investigation of allegations of commissioning of offences, especially when they border on corrupt misappropriation of public funds.
The danger posed by the spate of ex-parte orders is that the need for the rule of law, which we advocate, may now be obfuscated in the eyes of the public.
Rule of law may now become a metaphor for impunity in the perception of Nigerians.
My Lord, it may be necessary for the Council to restate to judges the need to prevent manipulation of the concept of the rule of law by issuing ex parte injunctions to prevent law enforcement agencies from investigating allegations of corruption,” it said.
Offodile defends Aondoakaa
Meanwhile, Attorney-General of the Federation and Minister of Justice in the Buhari military administration, Chief Chike Offodile (SAN), has risen in defence of the incumbent, Mr. Aondoakaa, over the controversy between him and the EFCC, saying the Minister has been acting in line with his constitutional powers.
Chief Ofodile said those criticising the Attorney-General were ignorant of the duties and functions of the office of the Attorney-General and Minister of Justice.
Ofodile, who is now the Traditional Prime Minister of Onitsha said: “I will like those who are criticising the Attorney-General and Minster of Justice of the Federation Mr. Michael Aondoakaa (SAN) to go and read from the constitution what the functions and duties of the Attorney-General and Minister of Justice are.
“The Attorney-General needs not to dance to the tones of any political party.
He is the defender of all Nigerians irrespective of their position, colour or political affiliation, but unfortunately your country does not understand that.
“When I was the Attorney-General and Minister of Justice, they said I was dishing out decrees but I have not for one day regretted what I did and will never regret it because I was doing what was expected of that office."
EFCC mounts pressure against Ibori
However, the anti-graft agency is said to be mounting pressure on the Delta State government to produce evidence with which to nail Chief Ibori.
According to a top functionary of Delta State Government, who preferred anonymity, EFCC was currently mounting pressure on the state government to produce evidence which it would send to the UK’s authorities to establish that Ibori’s assets were indeed acquired with stolen wealth.
“I can tell you that neither the Office of the Federation Attorney-General nor that of the EFCC has anything to prove the allegation that Ibori stole public funds to acquire the controversial assets in UK,” the source said.
According to him, the state government under Ibori had furnished the commission with all the details of the state’s finances as well as contracts awarded by the state.
He said EFCC was making a fresh move to examine the accounts of the state between May 29, 1999 and May 29, 2007 with a view to getting facts that would enable the British Authorities to sustain an order procured against Ibori confiscating his assets worth £35 million.
Monday, November 19, 2007
Ibori's Loot
Details of former Governor James Ibori’s financial scams and the ways he went about them in Delta are mind-boggling
As Reverend God-do-well Avwomakpa, the Delta State Chairman of Christian Association of Nigeria, CAN, reads this story, he is bound to experience some psychological trauma. This is because, as he would find out, his action will go down in history with the same infamy as some European chaplains who, apart from building places of worship at slave camps, accompanied and blessed ships that sailed to Africa, carrying human cargo to the United States and the West Indies, from where they brought molasses in their triangular trips back to Europe.
Avwomakpa, on 1 October 2007, presided over the thanksgiving service held at Government House, Asaba, the Delta State capital. It was in commemoration of the “victory” of former Governor James Ibori in his legal tango with a United Kingdom court over the former governor’s seized, illegally acquired assets. The subject of this religious service had, for eight years, turned Delta into one huge ship, the hull of which was filled with his subjects, living under slavish conditions, even as he appropriated their common wealth through a panoply of tricks and multifarious proxies.
The service was attended by Ibori’s first cousin and successor, Governor Emmanuel Uduaghan; Mr. Olisa Imegwu, Speaker of the state House of Assembly; Ifeanyi Okowa, Secretary to the State Government, SSG; Professor G.G. Darah; Chief Ighoyota Amori; Chief Paulinus Akpeki and the Delta State Executive Council members.
At the occasion, Uduaghan said with eclat that Ibori was a wealthy man before he became governor of the state, adding that his 8-year tenure actually stalled his business interests. Ibori’s accusers, according to his successor, were only out to cause confusion in his political camp, which he had nurtured over the years. The Governor maintained that Ibori’s victory at the London court was not only for him but the entire people of Delta State.
A Southwark, London Crown court had earlier ordered that Ibori’s seized assets be immediately released. In a suit filed by Crime Prosecution Service, London, on 2 August 2007, the same court ordered the prevention of Ibori, Erin Aviation and others from having access to their assets in that country.
As Reverend God-do-well Avwomakpa, the Delta State Chairman of Christian Association of Nigeria, CAN, reads this story, he is bound to experience some psychological trauma. This is because, as he would find out, his action will go down in history with the same infamy as some European chaplains who, apart from building places of worship at slave camps, accompanied and blessed ships that sailed to Africa, carrying human cargo to the United States and the West Indies, from where they brought molasses in their triangular trips back to Europe.
Avwomakpa, on 1 October 2007, presided over the thanksgiving service held at Government House, Asaba, the Delta State capital. It was in commemoration of the “victory” of former Governor James Ibori in his legal tango with a United Kingdom court over the former governor’s seized, illegally acquired assets. The subject of this religious service had, for eight years, turned Delta into one huge ship, the hull of which was filled with his subjects, living under slavish conditions, even as he appropriated their common wealth through a panoply of tricks and multifarious proxies.
The service was attended by Ibori’s first cousin and successor, Governor Emmanuel Uduaghan; Mr. Olisa Imegwu, Speaker of the state House of Assembly; Ifeanyi Okowa, Secretary to the State Government, SSG; Professor G.G. Darah; Chief Ighoyota Amori; Chief Paulinus Akpeki and the Delta State Executive Council members.
At the occasion, Uduaghan said with eclat that Ibori was a wealthy man before he became governor of the state, adding that his 8-year tenure actually stalled his business interests. Ibori’s accusers, according to his successor, were only out to cause confusion in his political camp, which he had nurtured over the years. The Governor maintained that Ibori’s victory at the London court was not only for him but the entire people of Delta State.
A Southwark, London Crown court had earlier ordered that Ibori’s seized assets be immediately released. In a suit filed by Crime Prosecution Service, London, on 2 August 2007, the same court ordered the prevention of Ibori, Erin Aviation and others from having access to their assets in that country.
Thursday, November 15, 2007
Oshiomhole, Osunbor’s battle in crucial stage
An air of uncertainty pervades Edo State as submissions before the state’s election petition tribunal enters a crucial stage. EMMANUEL OBE reports. Though not directly related to the proceedings at the Election Petitions Tribunal, the crisis in the ruling Peoples Democratic Party in Edo State, which burst into the open on Thursday, may be setting the tone for what to expect as the people await the verdict of the tribunal on the gubernatorial petition. It was not expected that the ranks of the ruling party would be divided so soon, just a few months after it controversially won the governorship election. Led by two-time governor of the old Bendel State, the members of the PDP from the Edo South senatorial zone, where the opposition Action Congress made its greatest impact in the last April elections have threatened to quit the party if the Chief Tony Anenih-led leadership of the party in the state failed to let them produce the next state PDP Chairman.Since April 16, 2007 when the Independent National Electoral Commission announced Prof. Oserheimen Osunbor of the PDP as the winner of the governorship election, the state, particularly, Benin City, the state capital had come under apparent suspense.
The immediate reaction to that INEC verdict was a widespread protest by AC supporters, who believed that their candidate, Mr. Adams Oshiomhole, actually won the election, but was robbed of the mandate. After several days of holding down the city by the AC supporters, the then state Governor, Chief Lucky Igbinedion, a PDP stalwart in the state, and a perceived supporter of the AC candidate declared a curfew that lasted several days.
Then, the opportunity to seek redress came with the setting up of the election tribunal. Oshiomhole and his party promptly filed their petitions before the expiration of the deadline given for submission of petitions. Oshiomhole‘s petition turned out to be the only one challenging Osunbor‘s election as the other candidates quietly retreated to their homes and wound up issues relating to the election.
There were high expectations from the tribunal when it started work soon after the inauguration of the new government. In the early days, thousands of Oshiomhole‘s supporters would storm the venue of the trial and retire with him when the sitting was adjourned. The commotion the AC supporters caused each time they escorted him home created an impression that the PDP had no support. Oshiomhole would ride in an open van and do a road show around the city before retiring to his campaign office. In the course of the show, there would be serious traffic jams in the city.
The antics apparently might have caused the Deputy Governor, Mr. Lucky Imasuen, to also attend the proceediongs of the tribunal. But rather than attract the support and cheers akin to that of Oshiomhole on the first day of his visit, he was stoned and jeered at by the AC supporters. The next time, he came with the governor, Prof. Oserheimen Osunbor, who got a similar treatment. And that was it. The police soon swung into action following a formal protest from Imasuen, who asked that Oshiomhole be called to order.
At the next sitting of the tribunal, the police trailed Oshiomhole to the AC office along Airport Road where they violently chased away commercial motorcycle operators who had made it a point of duty to escort the AC candidate home. In the process, several people were injured including a journalist with a private television station.
To curb the situation, which was becoming increasingly embarrassing to the government and its supporters, the police decided to barricade the usually busy and vital Sapele road along which the tribunal was situated each time Oshiomhole‘s petition came up for trial. The blockade had caused motorists and residents serious inconveniences, as they had to use other routes to get to their destinations, creating traffic jams in the process. The police also prevailed on Oshiomhole to stop his road shows and leave the premises of the tribunal under disguise to avoid the commotion his movements in town had always caused.
The trial is entering its final stages as the tribunal is taking the last batches of witnesses. The counsel to the parties are expected to make their final addresses within the next two weeks.
This has heightened expectations, especially with the news of the cancellation of the election of some state governors filtering in. Edo has been one of the states where it was speculated that a new party would emerge. Tensions among the principal actors at the tribunal has been high.
This has heightened expectations, especially with the news of the cancellation of the election of some state governors filtering in. Edo has been one of the states where it was speculated that a new party would emerge. Tensions among the principal actors at the tribunal has been high.
Oshiomhole had at a forum in Lagos last week an declared that he would be victorious at the tribunal. This attracted an immediate reaction from the Osunbor’s camp, which warned the former labour leader to mind his words. The issue was dragged to the tribunal by counsel to Osunbor where a robust debate had ensued between the two principal counsel, Ighodalo Imadobelo and Niyi Akintola. But the tribunal Chairman, Justice Olabanji Orilonishe, had warned the counsel to warn their clients from making statements on matters still before the tribunal.
The ground is getting set for celebrations should any party win. Osunbor is tightening security around the Government House with the recruitment of more security personnel and erection of more gates to restrict movement to the seat of government, given the volatile nature of the AC supporters. Whoever wins might not be material now. But there is palpable suspense in the air.
Ibori loses big in London, High Court freezes his assets
BREAKING NEWS: Thu 15th November, 2007The Court of Appeal Criminal Division sitting in London delivered a devastating ruling against James Onafefe Ibori today in London. The High Court unanimously ruled that the Southwark Crown Court erred by lifting the restraining order on James Ibori's worldwide assets on October 1 2007.
The justices said the "restraining Order should never have been lifted" in the first place. The court therefore re-instated the restraint order on James Ibori worldwide assets worth $35 million and also ruled that all Ibori's worldwide assets are protected from dissipation.
The Metropolitan Police will be boosted by this landmark decision as they continue further criminal investigations against James Ibori and his accomplices for money laundering.The decision of the Court of Appeal in London was almost marred by the refusal of the Attorney General of the Federation, Michael Aondokaa to invoke the "Article 3" of the Mutual Agreement Treaty on Corruption between the UK and Nigeria.
London Court hears British Police appeal against Ibori
The Crown Prosecution Service of the British Police will on Tuesday (today) continue with its prosecution of the former Delta State Governor, Chief James Ibori.This time around, the court is expected to hear an appeal brought before it by the CPS over the decision of a lower court to discharge an order restraining Ibori from having access to his assets.
The panel, scheduled to begin sitting at 10:30 a.m., will be led by Justice William Gage and assisted by Justice Dame Staal and Ms. Justice Cox, according to a report by the online Sahareporters.com.
Responding to an electronic mail inquiry by our correspondent on Monday, the Met Police confirmed that the matter would come up as scheduled.
An application of restraint was heard and granted at the Southwark Crown Court in relation to worldwide assets worth $35m belonging to the former governor on August 2.
The Press Bureau of the Met Police said on Monday that, ”On October 1, the application was reviewed at a further hearing at Southwark Crown Court and the restraint was discharged.
”On October 8, leave to appeal the discharge was granted at the High Court and pending a full appeal by the Crown, the application of restraint has been reinstated.
”The appeal will be heard at the High Court on November 13. The investigation by Met Police Proceeds of Corruption Unit continues.”
Ibori had last week lost his bid to stop the Economic and Financial Crimes Commission from arresting him over allegation of money laundering.
Justice Gloria Okeke of the Federal High Court in Benin, Edo State, who had earlier granted an ex parte order against the EFCC, ruled that she had no jurisdiction over the matter.The ruling was believed to have exposed Ibori to arrest and prosecution by the EFCC.
The United States had earlier gave indications of plans to freeze Ibori‘s assets if the Nigerian government showed enough readiness to prosecute Ibori in Nigerian court.
Officials of the Met Police had already visited Nigeria with a view to gathering evidence in their pursuit of the matter against Ibori.
Court Begins Hearing in Celtel Shares Sale
A Federal High Court in Lagos, has begin hearing in the suit brought by President of the Nigerian Stock Exchange (NSE), Oba Otudeko, Foluke Otudeko and Broad Communications Ltd.The suit is against Jubril Adewale Tinubu and Henry Efe Imasekha, over sale of their Vee Network Ltd shares to some organisations without first offering them (plaintiffs) the right to buy them. The plaintiffs want the court to declare that since O and O Networks Ltd and Bromley Investment Ltd owned by Tinubu and Imasekha sold their shares, their seats on the board of directors of Vee Networks Ltd should automatically be vacated. Defendants in the suit are Vee Networks Ltd (formerly Econet Wireless Nigeria Ltd, EWNL), Celtel Nigeria BV, Jubril Adewale Tinubu, O and O Networks Ltd, Henry Efe Imasekha, DSTG Econshares Ltd (formerly Bromley Investments Ltd), Delta State Ministry of Finance Inc, Delta State government, Corporate Affairs Commission (CAC) and Econet Wireless International (EWI). Plaintiffs in the suit are contending that the purported sale of O and O Networks Ltd shares on July 15, 2003 and
Bromley Investments Ltd (now DTSG Ecoshares Ltd) on July 21, 2001 respectively, to Delta State Ministry of Finance Incorporated and Delta State government, are unlawful sale, transfer, encumbrance or disposal of all the 9,906,250 ordinary shares and 5,000,000 held by Tinubu and Imasekha respectively, in Vee Networks Ltd. They are contending that the acquisition by the Delta State Ministry of Finance Inc and Delta State government of the additional membership rights accruing upon the 9.90-6.250 ordinary shares of 5,000,000 shares held by Tinubu and Imasekha respectively in Vee Networks Ltd, was unlawfully acquired by way of right issues and bonuses.Plaintiffs also want the court to declare that the purported sale of O and O Networks and DTSG Ecoshares Ltd are each a "triggering event," within the meaning of clause 17.4 of the Shareholders Agreement (SA) dated April 30, 2002, which are automatically subject to legal consequences prescribed in Shareholders Agreement. Otudeko claims in the suit that he was the principal promoter of the company which was formed on December 21, 2000, as a joint venture vehicle for the purpose that the promoters would in partnership bid for a Cellular Mobile telephone "GSM" licence presented for auction by the Federal Government of Nigeria through the Nigeria Communications Commission in 2001.
The Nigerian promoters that he assembled shared 40 per cent of the shares between themselves, agreed that a fundamental term of the partnership established prior to the Shareholders Agreement was the "maintenance of proportionate ownership and control of the capital of the venture," and accordingly extensive anti-dilution provisions were inserted into corporate documents and the relevant agreements. It was also fundamental to the existing agreements that the shareholding qualifications for the allocation of seats on the board of directors would be strictly complied with.
The parties then agreed to hold their respective shareholdings in company names to facilitate financing. Plaintiffs claims that without notice to partners and under cover of a variety of steps calculated to hide this secret, Tinubu and Imasekha and officials of the Delta State Government in 2001 and 2003 reached secret and unlawful agreements to transfer the legal and beneficial interest in 5,000,000 ordinary shares and the 9,906;250 ordinary shares of the company's equity held by them respectively, to the Delta State Ministry of Finance Inc. and the Delta State Government, at a premium through the instrument of companies, which were created exclusively to hold the Vee Network shares. All these deals came to the open, through statements made to the EFCC by Imasekha, Tinubu and David Edebvie, the then Delta State Commissioner for Finance, the plaintiffs contended. The Shareholders Agreement, which the plaintiffs are relying on had provided that: "no party shall have the right to sell, transfer, encumber or otherwise dispose of all or part of its shareholding interest in the company, whether voluntarily, involuntarily or assign or create a beneficial interest in its share of net income, net losses, or distributable cash, notwithstanding the fact that such proposed assignment. encumbrance or creation of beneficial interest would not involve a substitution of a new person as a party under this agreement except as provided in this agreement. "Except by way of testamentary or probate document, any attempted sale, transfer, encumbrance or other disposition of all or any part of an interest in EWN by a party not in compliance with this Agreement shall be a breach of this Agreement, shall be null and void ab initio and shall confer no rights on the purported transferee.
And the Shareholders' Agreement confers on shareholders a ""Right of First Refusal"" in relation to the disposal by any conceivable means of shares or interest therein and outlines procedures to be followed for giving of notice of intention to dispose and further mechanisms for dealing in such shares". Plaintiffs are contending that they are ready and willing to take up their rights of pre-emption in the said shares and contends that the intent and actual effect of the said unlawful dealings is to unlawfully dilute or diminish the equity or shareholding power of the applicants contrary to agreements binding the shareholders and also the company itself.
Bromley Investments Ltd (now DTSG Ecoshares Ltd) on July 21, 2001 respectively, to Delta State Ministry of Finance Incorporated and Delta State government, are unlawful sale, transfer, encumbrance or disposal of all the 9,906,250 ordinary shares and 5,000,000 held by Tinubu and Imasekha respectively, in Vee Networks Ltd. They are contending that the acquisition by the Delta State Ministry of Finance Inc and Delta State government of the additional membership rights accruing upon the 9.90-6.250 ordinary shares of 5,000,000 shares held by Tinubu and Imasekha respectively in Vee Networks Ltd, was unlawfully acquired by way of right issues and bonuses.Plaintiffs also want the court to declare that the purported sale of O and O Networks and DTSG Ecoshares Ltd are each a "triggering event," within the meaning of clause 17.4 of the Shareholders Agreement (SA) dated April 30, 2002, which are automatically subject to legal consequences prescribed in Shareholders Agreement. Otudeko claims in the suit that he was the principal promoter of the company which was formed on December 21, 2000, as a joint venture vehicle for the purpose that the promoters would in partnership bid for a Cellular Mobile telephone "GSM" licence presented for auction by the Federal Government of Nigeria through the Nigeria Communications Commission in 2001.
The Nigerian promoters that he assembled shared 40 per cent of the shares between themselves, agreed that a fundamental term of the partnership established prior to the Shareholders Agreement was the "maintenance of proportionate ownership and control of the capital of the venture," and accordingly extensive anti-dilution provisions were inserted into corporate documents and the relevant agreements. It was also fundamental to the existing agreements that the shareholding qualifications for the allocation of seats on the board of directors would be strictly complied with.
The parties then agreed to hold their respective shareholdings in company names to facilitate financing. Plaintiffs claims that without notice to partners and under cover of a variety of steps calculated to hide this secret, Tinubu and Imasekha and officials of the Delta State Government in 2001 and 2003 reached secret and unlawful agreements to transfer the legal and beneficial interest in 5,000,000 ordinary shares and the 9,906;250 ordinary shares of the company's equity held by them respectively, to the Delta State Ministry of Finance Inc. and the Delta State Government, at a premium through the instrument of companies, which were created exclusively to hold the Vee Network shares. All these deals came to the open, through statements made to the EFCC by Imasekha, Tinubu and David Edebvie, the then Delta State Commissioner for Finance, the plaintiffs contended. The Shareholders Agreement, which the plaintiffs are relying on had provided that: "no party shall have the right to sell, transfer, encumber or otherwise dispose of all or part of its shareholding interest in the company, whether voluntarily, involuntarily or assign or create a beneficial interest in its share of net income, net losses, or distributable cash, notwithstanding the fact that such proposed assignment. encumbrance or creation of beneficial interest would not involve a substitution of a new person as a party under this agreement except as provided in this agreement. "Except by way of testamentary or probate document, any attempted sale, transfer, encumbrance or other disposition of all or any part of an interest in EWN by a party not in compliance with this Agreement shall be a breach of this Agreement, shall be null and void ab initio and shall confer no rights on the purported transferee.
And the Shareholders' Agreement confers on shareholders a ""Right of First Refusal"" in relation to the disposal by any conceivable means of shares or interest therein and outlines procedures to be followed for giving of notice of intention to dispose and further mechanisms for dealing in such shares". Plaintiffs are contending that they are ready and willing to take up their rights of pre-emption in the said shares and contends that the intent and actual effect of the said unlawful dealings is to unlawfully dilute or diminish the equity or shareholding power of the applicants contrary to agreements binding the shareholders and also the company itself.
Our Case Against Ibori, By EFCC
The Economic and Financial Crimes Commission (EFCC) has given a breakdown of how the former Delta State governor, Chief James Ibori, allegedly laundered money running into billions of dollars belonging to the state.The counter affidavit was deposed to by Yahaya Bello, a police officer with EFCC, who was the head of the team of investigators. The ex-governor’s assets have already been frozen by a London court. Meanwhile, the Federal High Court in Benin-City, Edo State, yesterday adjourned till Thursday, November 1, 2007 hearing of the motion on notice brought before it by the Delta State Government against the EFCC.Counsel to the plaintiffs and defendants in the case are expected to appear before the court tomorrow to establish their respective positions.Ibori is being accused of conspiracy, official corruption, diversion and misappropriation of public funds, stealing and money laundering perpetrated by him and his aides from 1999 to 2007.Bello detailed the alleged infractions of the ex-governor and his alleged accomplices in the affidavit.He stated that the transfers made into the account of one Christine Ibie Ibori, Ibori’s sister, held in HSBC London was on behalf of Onovin Nig. Ltd., a company solely owned by Vincent Uduaghan, a younger brother to the present governor of Delta State, Dr. Emmanuel Uduaghan, the latter who had served as Commissioner for Health and Secretary to the State Government under Ibori’s Administration between 1999 and 2007.“Investigation reveals that Onovin Nig. Ltd. was awarded a contract in December 2004 for laying of tartan tracks in Oghara Stadium at the sum of N142.9 million by the Delta State Government. That said Onovin Nig. Ltd. had secured the services of another company, a German based firm, BSW Postfach 1180, Deutschland for the supply and laying of the tracks in Ogbara Stadium.
He said a total of 284,000.00 euros was wired to the German Company by Onovin Nig. Ltd. for the job while another sum of N77.8 million naira equivalent from the contract sum was wired to the account of Christine Ibie about the same time.“Further investigation carried out on Onovin Nig Ltd. account revealed some monthly lodgments of Delta State Government cheques of five to seven million naira spanning from 2002 to 2007 to the region N350 million naira which the owner claimed to be payments for the supply of fuel to the Government House from Total Nig. Plc. Depot in Benin, Edo State,” he said.Bello also stated following investigations, Total Nig. Ltd. which equally had the same contract for the supply of fuel to the Government House denied having any dealings with Onovin Nig. Ltd.According to him, other details of the commission’s investigation are as follows:•That transfers were made into Udoamaka’s account in HSBC London, which originated from three Assurance Bank Drafts amounting to about N140 million.•That investigation conducted on Udoamaka’s accounts such as Sagicon Nig Ltd., Rivbbed Agro Allied, Saagaris Properties, Global Little Drops held in Oceanic and Zenith Banks revealed several lodgment of Delta State Government cheques in the neighborhood of N2 billion out of which N1.3 billion Naira were paid out between May and December 2006.• That several cash lodgments amounting to N400 Million were also noticed both in the personal “Pearl” Account and Companies’ accounts by characters such as Ede Ogoro and Charles Isiayei whom the investigation team discovered to be Private Secretary to the Governor of Delta State and Chief Accountant of the Delta Government House respectively.• That another payment of N4.418 billion was received by Oceanic Bank from Brisbane Ltd. via two Intercontinental Bank Manager’s Cheques for acquisition of 13% of the fertilizer company while Brisbane Ltd. is owned by Henry Imasekha who is also the sole owner of Berkeley Group.•
That investigation on the origin of the money paid Brisbane however, revealed that in 2001 Mr. Henry Masekha used Bromley Ltd. to secure a loan of N2.2 billion naira from New Nigeria Bank without any collateral or evidence of previous Banking relationship with the Bank and purchased 10% of Econet Nigeria Ltd. (now Celtel) while few weeks later ‘Delta State Government’ bought 5% of the Econet shares from Bromley Ltd. at the sum of N2.5 billion naira via a Standard Trust Bank Draft which he used in liquidating the New Nigeria Bank facility.• That in 2006 during the taking over of V-mobile by Celtel, Bromley Ltd. sold the remaining shares to Celtel and it is from this money that Brisbane Ltd. acquired 13% of the fertilizer company.• That investigation on share placements in Nigerian banks and companies revealed the diversion of N5 Billion from the accounts of the Delta State Government in Oceanic Bank and Zenith Bank for the purchase of Afribank shares for Chief James Ibori. The fraudulent transactions were perpetrated through the use of 14 fictitious companies such as Double Dip Nig. Ltd., Arusha Nig. Ltd., Abajim Nig Ltd., Lugba Nig. Ltd., Mombassa Nig. Ltd., Limpopo Nig. Ltd., Zaragoza Nig. Ltd., Sandton Nig. Ltd. etc.• That the funds have since been returned to the coffers of the Delta State Government to enable the Government carry out valuable projects for the people of Delta State.• That investigation on Wings Aviation reveals an on-going transaction between the Aviation Company and Bombardier Inc. (Canada) over the purchase of an air craft at the cost of USD 25 million for the personal use of Chief James Ibori. • That payments were made to the UK Solicitors by Wings Aviation Parabola International Corp (a Mauritius based company owned by a Zambian (Edward Shamutete) linked to Chief James Ibori), Copex Management Service, another Mauritius firm on behalf of Erin Aviation, Pamaron Oil and Gas etc.•That part of the money paid from Nigeria for the purchase of the aircraft was the USD 1 million Dollars paid to the Solicitors by Pamaron Oil and Gas Ltd from Fidelity Bank.•That further investigation however revealed that the transaction was made on the order of Bi Courtney Ltd. through another company, Flodan Ltd. These two companies which moved money for Chief James Ibori by using another company, BIADOXE Ltd. as a disguise, are owned by the same person. •That supplementary appropriation was sent to the State Assembly for the approval of over N40 billion naira between 1999 and 2005 accompanied with executive letters all dated 2004 signed by Chief Ibori for the requests. The proceeds of this massive fraud are currently being traced.•Several billions of Naira meant for “Security Vote” by the Delta State Government from 1999-2007 were diverted by Chief James Ibori and his collaborators.He said based on the foregoing, EFCC had concluded investigation into the aforesaid allegations of serious economic and financial crimes and was ready to prosecute all those found to be culpable in the circumstances. The counter affidavit was deposed to on October 8, 2007 before the Benin high court.The lawyers of Delta State government told newsmen after the court had adjourned and risen from yesterday’s session, said it was laughable that it was only yesterday (Monday) that the counsel to the EFCC hurried to file a counter-motion despite the fact that the Commission was served the order of interim injunction since October 18, 2007.An Abuja-based lawyer, Mr. Kingsley Ifeanyi Ugboma, who was present when the case came up yesterday, concurred with the Delta State counsel on their position, and went further to question the style and even the patriotic motive of the commission.“I am a lawyer and not a client of the Delta State Government, he said, adding, “But I am aware that Delta state being a state Government that is set to reposition our dear State as one of the fastest growing global investment destinations in the world, with a dynamic, credible and well-focused leadership.”Ugboma noted, “The point that must be made and categorically too, that they are not opposed to the EFCC’s investigations into the finances or businesses of the former Governor of Delta State, Chief James Ibori, but they object, reject, oppose and strongly too, any attempt by the Commission to probe the Security Votes of the state under the guise of investigating the former Governor.” The court had, while granting an order of Interim
Injunction prayed by the Delta State attorney-general on behalf of several government officials as well as himself to restrain the Economic and Financial Crimes Commission (EFFC) on October 10, 2007, fixed the yesterday, October 30 for hearing of the Motion on Notice.The order is in favour certain functionaries of the state government since May 1999, such that they are not compelled to co-operate or comply with the request and demands of the Commission regarding all financial and contractual documents pertaining to the period. Prior to the granting of the interim order, there had been apprehension and fears that former Ibori might be arrested and detained by the commission.
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