Again, Court Refuses To Grant Ibori's Application, Adjourns

ASABA, DELTA April 28, (THEWILL) – A Federal High Court sitting in Asaba, Delta State today refused to grant an application restraining the Economic and Financial Crimes Commission (EFCC) and government security agencies from arresting Chief James Ibori.

Justice Ibrahim N. Buba did not grant Chief Ibori’s application because he did not have enough material before him to do so.

 "It is clear that the order, whether preservative, interim or interlocutory can not be granted to protect the legal right of the applicant, therefore at this stage, without any material before the court with which the court can use without going into the substantive matter to show that the applicant has a legal right and to show that the respondents are acting ultra-vires beyond their powers.  

"The court will be circumspect to wittingly or unwittingly delve into the substantive matter, therefore, it will be premature at this stage to make any order on the bases of the oral application without materials before the court, therefore, I therefore decline to make a preservatory order, and nothing stops the applicant from filing a formal application," Justice Buba declared.

Consequently, he adjourned the case with No. FHC/ASB/CS/34/10 to May 10, 2010, to enable him entertain the oral application made by A.B Mahmoud (SAN), counsel to Attorney General of the Federation and Inspector General of Police, who applied to study Ibori’s Affidavits.

Mr. Joseph Daudu, a counsel to Chief Ibori had urged the court to restrain the EFCC and other government security agencies from arresting the former Governor pending the determination of the case before the court.

Mr. Daudu told the Court that government agencies have already declared Ibori wanted, dead or alive when the Court has not even heard the matter.

He said he had agreed not to object to the respondent’s application seeking for time to study the affidavit, but that he did so on the condition that Chief James will not be arrested by security agents.

He cited a case between cherubim and seraphim Church and Agboko, where a similar application was granted.

But A.B.Mahmoud (SAN) countered the submission, saying the time is not ripe for the court to grant such application. "I disagree with him because he failed to consider the legal aspect of the matter before the court. So, there is no basis for that order to be granted now. In my view, nobody has a right not be arrested. So, you cannot just come to court and say your client cannot be arrested. It is unconstitutional," he told the court.

After pointing out the legal implication of the matter, he urged the court not to go into the application being sort by Chief Ibori because it lacks the power to prevent or stop any government agent from arresting him. "What am saying is that this application should not be entertained at all," he submitted.     

Mr. Chile Okoroma, counsel to the EFCC also agreed with Mahmoud. According to him, "it is premature to mention it now since the matter has not been heard."

He said to prevent Chief Ibori’s arrest cannot hold water at this stage because the court cannot prevent a statutory body from carry out it duties. He therefore urged the court to throw out Ibori’s application for lack of merit.

After considering the submissions of all counsels, Justice Ibrahim Buba ruled that Chief Ibori’s application could not be granted at this stage and adjourned till May 10, 2010.