IBORI: EFCC To File Appeal On Monday

Abuja (THEWILL) - The Economic and Financial Crimes Commission (EFCC) in a second statement since the acquittal of chief James Ibori and others has said it would file an appeal against Justice Marcel Awokulehin’s judgment on Monday, December 21, 2009.

Justice Awokulehin on Thursday quashed all 170-count money laundering charges leveled against the former governor and some of his associates. 

The anti-graft agency also expressed its disappointment with court for failing to provide a Certified True Copy (CTC) of the ruling to its lawyers on Thursday. The statement from EFCC’s Femi Babafemi said the agency was aware of the global attention which the judgment has aroused and reiterated the commission’s commitment to pursue an appeal at a higher court.

"We remain committed to our earlier statement that the judgment is bound to fail on appeal at a higher court.

"Our lawyers have the instruction of the EFCC Chairman, Mrs. Farida Waziri soon after the ruling was delivered on Thursday December 17, to obtain a Certified True Copy (CTC) of the judgment.

"It will interest the public that our lawyers applied for the CTC before leaving the court room to enable us file an appeal today, Friday December 18.

"Surprisingly, our lawyer was denied a copy of the same judgment that the judge claimed in the open court was ready several weeks ago.

"In spite of this obvious challenge, our lawyers have been instructed to file a notice of appeal on Monday December 21 based on the records taken in the court.

"We also wish to state that the proceedings in Asaba originated from Kaduna where the charges were first filed in December 2007. The same charges were only referred to Asaba for trial. "Unfortunately, the accused refused to take a plea and instead raised objections to the charges.

"It is important to note that the matter was not tried, no evidence was led or taken by the court. The ruling was based merely on charges and proof of evidence.

"The accused has only been discharged and not acquitted. As such, we are convinced that the case is not over yet as we are determined to take it to a logical conclusion, not withstanding the obstacles being brought our way," he stated.

Meanwhile a civil rights group, Socio-Economic Rights and Accountability Project (SERAP) has criticized the judgment of the court calling it “a travesty of justice and a let down of millions of victims of high level official corruption in the country.”

SERAP’s executive director Adetokumbo Mumuni in a statement said the court should have invoked the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption saying that “since the court found evidence of transfer of large amounts, it should have been more proactive by applying Article 20 of the UN Convention against corruption, to ask and seek explanations about the significant increase in assets owned by the suspect, in relation to his lawful income as governor.”

The body added that “courts are accountable institutions and as such must be proactive and actively involved in the efforts to hold government and public officials accountable for corrupt actions.”