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.