BEVERLY HILLS, March 15, (THEWILL) – A foremost civil rights lawyer, Dr. Kayode Ajulo, has frowned at the Government of Delta State and some of its associates insistently clamouring for the release to the state of the repatriated loot of former Governor James Onanefe Ibori.
Ajulo cited the legal history of the case and the role played by the government of Delta State during the court trial process of the embattled former Governor.
Recall that the signing of the Memorandum of Understanding, MOU, between the British Government and the Federal Executive Council alongside the Attorney General of the Federation, Abubakar Malami SAN, on the repatriation of the looted fund totalling £4.2 million allegedly laundered by Chief Ibori, which subsequently led to his conviction on a 10-count charges bordering on fraud and money-laundering by the United Kingdom in February 2012, and the subsequent decision of the Federal Government to utilise the fund for the completion of the Second Niger Bridge, Abuja-Kano expressway and the Lagos-Ibadan expressway had provoked torrents of reactions and diatribes.
Political experts, legal practitioners, concerned citizens and particularly indigenes of Delta had been clamouring for the return of the looted funds to the coffers of the state government, as was done in the cases of Plateau State and Bayelsa State,
However, the Attorney General of the Federation had argued that the offences for which James Ibori was charged were Federal offences and hence, the Federal Government was the victim of the crime.
Ajulo said he was compelled as a Counsel and a front row participant privy to the trajectory and sequence of Ibori’s case to make his stand known on the case to set the records straight and enlighten the general public.
The Abuja-based lawyer said that his clients, who were the Patriotic Delta State Elders, Leaders and Stakeholder Forum under the leadership of an elder Statesman, Chief Edwin Clark, OFR, had at a time during Ibori’s administration petitioned the Economic and Financial Crimes Commission (EFCC) on several illegal activities of the former Governor and his cohorts.
Among this was the former Governor’s alleged use of the state’s Appropriation Bill to siphon funds of about $1 billion (N159 billion, currently equivalent to N500 Billion) and other underhanded dealings of some shares by the former Delta State Governor.
He alleged that the then EFCC Chairman, Mallam Nuhu Ribadu, had intentionally refused to investigate James Ibori, claiming his “hands were tied.”
Ajulo wrote: “Being resolute on the conviction to ensure that justice was meted out against James Ibori who had illicitly enriched himself with the commonwealth of the people of Delta State, we proceeded to the Federal High Court for an Order of Mandamus to compel the EFCC to prosecute James Ibori and others.
“It is interesting to recall that the case went through several courts in Abuja, Kaduna and Asaba before it was finally resolved in the United Kingdom. I was present throughout the proceedings till he was convicted and the proceeds of crime were recovered from him, and It was even in the course of this I started my doctoral research in the UK.
“Some eminent Nigerians like Chief Ogbetuor, Chief Sunday Iwaya, Chief Brume, Chief Godwin Oberabor, Albert Okumagba, Elder Orubebe among many others I cannot recall also committed themselves to this cause, while only Elder Godsday Orubebe dramatically withdrew when he was nominated as a Federal Minister. Also, other patriotic Nigerians like Allen Agbaka among others, inspired by Femi Falana, SAN, and some civil society groups approached the court to ensure that the end of justice was done in the case.”
The former National Secretary of the Labour Party said that what was more crucial and fundamental about the case were the facts that culminated in the recovery of the looted funds and the nagging ironies attendant upon many of them. He noted that the disposition of the Delta State Government and some of its people during the trial of the former Governor did not support the energy at which the State was now claiming ownership of the funds at the moment.
Ajulo said: “While I agree that the form of government being practised in Nigeria is Federalism, however, what many of the agitators have failed to understand and which has made the scenery appear like a flying object of unidentifiable origin and a burgeoning folklore of marginalisation of the Delta people by the Federal Government was the belligerent attitudinal disposition of the Delta State Government at the time of the trial of James Ibori.
“As at the time of the trial of James Ibori, the Delta State Government, with an unslackened enthusiasm, had outrightly denied the looting of its purse by the ex-Governor and even questioned the ‘cooked up’ charges against him. In fact, they had believed that lbori was a victim of political machination and regarded the period he spent in the penitentiary as a learning experience in the University of Life.”
Ajulo, who stated that the Federal High Court sitting in Abuja headed by Honourable Justice Kolawole, in 2016, had ordered that the Delta State Government should not benefit from a sister recovered funds consequent upon its failure to cooperate with the EFCC during Ibori’s trial, thereby permanently forfeiting the Ibori loot to the Federal Government, also said that history would not forget how the ex-Governor was greeted with funfair upon his release from prison.
He recalled that a flock of supporters that visited his Oghara, Delta State residence to accord him a heroic welcome was a clear confirmation of the fact that the people of Delta State strongly believed his innocence.
Ajulo, who also said there was no moral justification for Prof. Itse Sagay, SAN, Chairman of the Presidential Advisory Committee on Anti-Corruption (PACAC), who had been advocating that the repatriated funds be released to the Delta State Government to still keep his present appointment, said Prof Sagay needed to first resign his present appointment before expressing such political sentiments as if he’s taking another job from the Delta State Government.
Ajulo said: “Prof. Itse Sagay (SAN) cannot be approbating and reprobating at the same time. He cannot be against corruption and still be defending this. The same Prof. Sagay who has been clamouring for the release of the looted funds to Delta State Government had strongly condemned the sentencing of James Ibori in the past as being inhumane, savage and malicious. If they had the wit to invent their own song, it should be that which would not put them in such an abject light.
“The chicken has come home to roost for Delta State and they must bear the consequences of their actions. The people of Delta State and their allies who had said they were not looking for money cannot suddenly claim ownership of the same. If the truth must be told, the people of Delta State need to purge themselves of their irremediable patent lies and hypocrisy.”
Ajulo, who quoted the legal perspective and implications to the case said that the UK Proceed of Crime Act makes provisions for the confiscation of proceeds of crime to the Crown and it is regarded as funds belonging to her Majesty’s Government; but that the latest Memo between the United Kingdom and Federal Republic of Nigeria had altered that and awarded ownership to the Federal Government.
He said, “It suffices to draw attention to the provisions of the United Nation Convention Against Corruption which are very pungent in this discourse. Article 53 (c) of the Convention requires that a state party contemplating confiscation could enable their appropriate authorities to recognise the claim of another state party to be a legitimate owner of property acquired through the commission of a Convention offence.
“It therefore provides that state parties to the convention must take such measures as may be necessary to permit its courts or competent authorities, when having to decide on confiscation, to recognise another state party’s claim as a legitimate owner of property acquired through the commission of an offence established in accordance with the Convention.”
Ajulo stated further, “Article 57(1) provides that ‘Property confiscated by a State Party shall be disposed of, including by return to its prior legitimate owners by that State Party in accordance with the provisions of this convention and its domestic law.’
“Article 57(5) provides that, ‘Where appropriate, States Parties may also give special consideration to concluding agreements or mutually acceptable arrangements, on a case-by case basis, for the final disposal of confiscated property.
“From the foregoing, it implies that the procedure to be followed in the final disposal of confiscated property to a beneficiary state would be dependent on the peculiarity of each case.”
The legal expert said that Ibori’s assets confiscated in June 2013 included a house in Hampstead, North London, worth £2.2 million; a property in Shaftesbury, Dorset, for £311,000; a £3.2 million mansion in Sandton, near Johannesburg, South Africa; a fleet of armoured Range Rover SUVs valued at £600,000; a Bentley luxury Car costing £120,000; and a Mercedes Maybach purchased for €407,000 Euro that was shipped direct to his mansion in South Africa.
He said that pursuant to the provisions of the United Nations Convention Against Corruption, the UK had entered into a Memorandum of Understanding, MOU, with the Nigerian government to ensure that the funds were not re-looted and the Federal Government was made to undertake that a civil society organisation would monitor the refund of the looted funds.
As Ajulo explained: “It is important to recall that at the time of Ibori’s sentencing, the U.K. International Development Secretary issued a statement that: “We are committed to rooting out corruption wherever it is undermining development and will help bring perpetrators like Ibori to justice and return stolen funds to help the world’s poorest.
“It suffices to also state that the Federal Government, which represents all the constituent states of the Federation, holds in trust and exercises the powers of the Federation for and on behalf of all the states. More so, it is well accepted that only Nation States are subjects of international law and the component States of a country are integral parts of the country. See the holding of Uwais JSC (as he then was) in the case of AG FEDERATION V. AG OF ABIA STATE & ORS (2001) LPELR-24862(SC).”
The civil rights lawyer, however, urged the Federal Government to utilise the repatriated funds for the benefit of the people of Delta State and Nigeria at large with projects beneficial to the entire citizenry without preferences.
He opined that since the Delta State Government was a continuum and an ally of past governments in the state, the Federal Government should appoint true Delta State patriots led by Chief E.K. Clark, OFR. CON, who had fought against corruption in the state as trustees of the utilisation funds in Delta State, if any, to ensure proper accountability and transparency and to prevent the funds from being re-looted.
About the Author
AYO ESAN, has been actively reporting and analyzing political events for different newspapers for over 18 years. He has also successfully covered national and state elections in Nigeria since the inception of this democracy in 1999.
