Ajulo faults Delta Govt on Ibori’s loot

A foremost civil right lawyer and activist, Dr. Kayode Ajulo, has frowned at the Government of Delta State and some of its associates who have insistently been clamouring for release of the repatriated loots of the Chief James Onanefe Ibori, to the State, citing legal history of the case and role played by the  state government during the court trial process of the embattled former Governor.

The decision of the Federal Government to utilize the £4.2million allegedly laundered by Chief Ibori for the completion of the second Niger Bridge, Abuja – Kano expressway and the Lagos – Ibadan expressway has generated torrents of reactions and diatribes from political pundits across party lines and constitutional legal minds.

• Returning Ibori loot to Delta will encourage corruption — Bawa Magaji
• £4.2m Ibori loot belongs to Delta State – Falana

Some political experts and legal practitioners including concerned citizens, particularly some indigenes of Delta State have been clamouring for the return of the looted funds to the coffers of Delta State Government, as was done in Plateau and Bayelsa State, but the Attorney General of the Federation, Mr Malami, had argued that the offences for which James Ibori were charged were Federal offences and hence, the Federal Government is the victim of the crime.

Ajulo said he is compelled as a Counsel and a front row participant who was privy to the trajectory and sequence of the 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 which was his allegedly use of Appropriation Bill to siphon State funds of about 1Billion Dollars (159Billion Naira), equivalent to 500 Billion at present day, and other underhand 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”.

“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 proceeding 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 course while only Elder Godsday Orubebe dramatically withdrew when he was nominated as a Federal Minister. Also, other patriotic Nigerian 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.” Ajulo said.

The former National Secretary of the Labour party 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 is claiming ownership of the funds at the moment.

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 the latest Memo between the United Kingdom and Federal Republic of Nigeria has altered that and awarded ownership to the Federal Government.

The civil right lawyer, however, urges the Federal Government to utilize the repatriated funds, if any, for the benefits of the people of Delta State and Nigeria at large with projects that benefit the entire citizenry without preferences.

He opined that since Delta State Government is 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 utilization funds in Delta State if any to ensure proper accountability and transparency and to prevent the funds from being re-looted.