Wednesday, September 23, 2009
Ibori fails to stop London trial
The trial of associates of the former Delta State governor, James Ibori, resumed at Southwark Crown Court in London on Tuesday with Judge Christopher Hardy rejecting moves of the defence lawyer to stop media coverage of the case.
Oba Nsugbe QC,counsel to Bimpe Pogoson, tried to prevail upon the court to bar the media from covering the trial, but Judge Hardy said he had no such authority.
In another ruling Judge Hardy said of Ibori’s application to bar Nigerians from attending the trial,” No need to exclude Nigerians, this case is about them and their country,” just as he denied the application to have the case sent to Nigeria for trial. The hearing continues on Wednesday.
The trial, which began two days ago, involves Mrs Udoamaka Onuigbo Okoronkwo, Mrs Adebimpe Foleyinmi Pogoson and Christine Ibori-Ibie, who are charged with conspiracy to defraud Delta State of Nigeria, as well as related money-laundering charges regarding James Ibori’s alleged theft of $140 million from Delta state.
Represented before Judge Hardy, were prosecuting officers and Ibori’s defence lawyers, including Oba Nsugbe, QC.
The three accused persons who initially sat in the dock, were later permitted to mix with others in the court gallery on account of conditional bails granted to them to attend the trials expected to last up to six weeks or 2 months maximum for fair trials.
Agency reports say the atmosphere in the courtroom was tense.
The legal strategy of Mr. Nsugbe, counsel to Mrs Pogoson, seemed to be to have the case against his client dismissed or moved to Nigeria.
His client is accused of laundering illicit funds through her UK bank accounts, as well as with mortgage fraud committed on her apartment at Abbey Road in London. Mr. Nsuigbe QC recommended that in view of the ongoing legal proceedings against James Ibori in Nigeria, the London trial be dismissed because it would make fair trial “impossible” for his client. But that strategy failed.
Andrew Trollope QC, defence counsel to Christine Ibie-Ibori, read out the bundles of papers received from the Economic and Financial Crimes Commission (EFCC), one of which stated that James Ibori defrauded Delta State along with his close associates and relatives through inflated contracts, including the supply of 271 vehicles to the government of Delta State and that virtually all the contracts awarded during his position as governor were to extract massive amounts of money from oil-rich state.
He also stated that Mrs. Pogoson established a company with the intention of removing money from Nigeria on behalf of James Ibori and keeping it in foreign accounts, thereby using foreign companies as receptacles for proceeds from laundered money.
Trollope QC affirmed that the EFCC had alleged that (Pogoson’s) MER-UK company assisted James Ibori to purchase choice properties in both United Kingdom and United States of America, and that Ibori was poor prior to the 1999 election that brought him to power. He, however, left office in 2007 with ‘sudden unexplained wealth’ which can be traced to unspecified crimes or illicit business activities.
Demonstrating a wry sense of humour, he observed that investigations had not shown James Ibori to be a convicted bank robber, human trafficker, drugs smuggler or owner of brothels in Lagos or any other part of Nigeria, and said that the source of the former governor’s ‘overnight riches’ could not be identified in such undertakings.
He urged that Udoamaka, with over 107 count charges against her, be extradited to Nigeria to stand trial along with James Ibori on charges of conspiracy to defraud Delta State Government and allegations of theft and corruption.
Trollope concluded his submission, saying that should Ibori be discharged and acquitted by Nigerian courts, it would not be proper to continue to try him and his accomplices in another country and therefore suggested that the proceedings be adjourned and suspended pending the final outcome and verdict of the Nigeria trials.
Judge Hardy dismissed that appeal for suspension of the matter pending the outcome of the Nigeria trial, unless there is fresh circumstantial evidence before his court which may jeopardize the trial.
Lady M Wass QC, counsel to Chief Prosecuting Service (CPS) insisted that the trial must continue in London since none of the UK evidence against Udoamaka Onuigbo Okoronkwo is with the Nigeria legal system and that there is no guarantee of fair trials if they are all extradited to Nigeria for trials.
She further stated that the matter had been altered many times by Udoamaka’s counsel due to ongoing investigations coupled with a wealth of evidence evolving to prove all the allegations against Udoamaka.
Lady Sasha Wass, QC also recalled that James Ibori lied under oath to be a person of good character, with no foreign bank accounts and with no business interests, but drew the attention of the Court to the convictions of James Ibori and Udoamaka over stolen credit cards and an act of theft committed at Wickes Store in London over 20 years ago.
She also said Ibori and Udoamaka are not new to criminal activities and that multiple purchase of posh properties with or without mortgage payment are some of the methods employed to launder the stolen wealth of Nigerian people.
When asked by Judge Hardy to state her request clearly for the Court, Lady Wedge QC appealed to the Crown Court to continue the trials in London and stated that it is “ridiculous and complete nonsense” for Udoamaka and others to be claiming ignorance of the source of James Ibori’s sudden unexplained wealth.
Criteria for conditional bails include the defendants surrendering their passports, not traveling within 300 meters of airports and seaports, reporting at the nearest police station every Monday, Wednesday and Saturday, and not applying for fresh passports or any international travel documents pending the final verdict of the trials.
By EMMA EMEOZOR with Agency report
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