Ibori’s Extradition Battle

James Onanefe Ibori, former Delta state Governor

Effort to get former Delta state Governor, James Onanefe Ibori, to face justice proves more difficult than expected, as his supporters allege state persecution
By Igho Akeregha
PLANS by the Nigerian government to re-arrest and Prosecute former Delta state governor, James Onanefe Ibori for alleged graft offences has become stormy. Supporters of the former governor who is an influential member of the ruling People’s Democratic Party, (PDP), have alleged that the hunt for Ibori has become more political than criminal.
The renewed effort by the Nigerian government to take Ibori out followed his strings of successes in the courts after years of prosecution by the anti-graft body, the EFCC, whose former chairman, Ibori Nuhu Ribadu once vowed to jail Economic and Financial Crimes Commission, for alleged money laundering charges and pillaging of public funds in the oil-rich Delta state. Since 2007 when Ibori left office as governor and shirked his immunity under section 308 of the Nigerian constitution, he had been taken before a number of Judges to answer to sundry criminal charges bothering on alleged financial impropriety.
In 2007, when his tenure elapsed, the EFCC had arraigned Ibori in court over allegations of corruption while he was governor of Delta state. On December 17, 2009, a Federal High Court sitting in Asaba, the Delta state capital, cleared Ibori of all charges of money laundering. The court, presided over by Justice Marcel Awokulehin, dismissed the 170 charges preferred against the former governor by the anti-graft body. Awokulehin had held that the EFCC failed to establish a prima facie case against Ibori. The judgment has become the fulcrum of further controversial web around Ibori, as antagonists of the ex- governor presume that he may have bought his court victory.
The EFCC had alleged that Ibori used fronts and companies where he has interest to launder Delta state money to the tune of over $70 million. Some of his associates were arrested in London and charged to court on money laundering allegations. But Awokulehin, in his ruling, declared that the EFCC failed to prove its case against Ibori and subsequently discharged him on all the 170-count charges. Ibori had been previously arraigned at a Federal High Court in Kaduna state, where he spent two months in detention after his bail request was turned down. Undaunted, Ibori’s legal team challenged the jurisdiction of the court and the case was later transferred to the Federal High Court, Asaba where he was put on trial from December 13, 2007 to December 17, 2009 when the contentious judgment was given. Standing trial with Ibori were two other persons; Udoamaka Okoronkwo and Chiedu Ebie. Three companies, Mer Engineering Nigeria Limited, Bainenox Nigeria Limited and Sagicon Nigeria Limited were also charged along with him.
At a time Ibori thought that it was all over, the change in government that brought in President Goodluck Jonathan altered his calculations. He had enjoyed some form of cordiality with the late President Umaru Yar’Adua, but his successor and former Vice President, Jonathan appears not to be too keen on retaining Ibori’s influence in the new administration. And this is evident in the renewed effort to bring the former governor to fresh trial. For a long while, the London Metropolitan Police also declared that it was on the trail of Ibori who the British authorities claimed is wanted for alleged money laundering offences. The Source however learnt that the Nigerian government under former President Olusegun Obasanjo had struck a deal with the British authorities to help constrain the growing influence of the former Delta governor, who, during the 2003 PDP presidential primaries, rallied a majority of other state governors to block Obasanjo’s re-nomination for the party ticket.
It is widely believed that Ibori’s action may have angered Obasanjo who initiated the wave of investigations on the Ibori administration. Following the renewed crackdown on the ex-governor, he fled to Dubai, the United Arab Emirate, where he was arrested few days after his arrival by operatives of the International Police Organisation (Interpol). Ibori was arraigned in court at the UAE on May 13, 2010 and was immediately granted bail, but a restriction was placed on his movement. Chairperson of the EFCC, Farida Waziri later confirmed the arrest and disclosed that the anti-graft body had been collaborating with the Interpol on the Ibori matter.
For the embattled former governor, he is said to be taking the unfolding development with equanimity. In fact, the Source gathered that he has asked his supporters, aides, friends and political associates not to be unduly bothered about his ordeal, as he insists that the rule of law is always there to protect any victim of persecution. “I am presently being persecuted owing to my political belief,” he was quoted to have said.
Speaking through Tony Eluemunor, his media aide, soon after he secured bail at the Dubai court, Ibori “accused his political enemies in Nigeria and their co-conspirators of declaring him wanted over charges that have not yet been made public just to influence the outcome of the case against some of his associates in a London court”. The case in question has gone on for months, and is on its final stretch as judgment would be given soon. The Source was informed that the prosecution has since closed its case while the defence was expected to make their closing statement on May 14, 2010.
Ibori appears not to be relenting as he has fired back at the EFCC and the London Metropolitan Police, claiming: “That is why the EFCC and the Met Police collaborators are after me for no reason whatsoever”.
According to him, “Up till this moment, both agencies have not been able to categorically state the charges they have against me, whether individually or collectively”.
Eluemunor said that Ibori has asked his followers to take solace in the fact that those who denigrated his name by alleging that he was fleeing from the law, while he was actually under the protection of the Federal High Court, Asaba ruling will no longer make such a claim, because today, he walked out of a court on bail, his whereabouts not in doubt, no law officers on his trail. Today, the question, where is Ibori has been laid to rest. I am in Dubai and the World knows it,” he said.
Since his bail in Dubai, the EFCC and Met Police have been working out ways to extradite Ibori. But certain factors may stand on their way. First, extradition laws in the UAE make it difficult for anyone wanted to be extradited, particularly if the person is able to prove political persecution amongst other reasons. The second hurdle is that the recent political changes in the UK where David Cameron emerged as the new Prime Minister is said to have dealt a fatal blow on the previous co-operation agreement between former Prime Minister Gordon Brown and his Nigerian counterpart. Sources disclosed that Cameron, who became Prime Minister on the Conservative ticket may not be keen on pursuing the Ibori case.
A key Ibori supporter, Ben Igbakpa, Deputy Majority leader in the Delta state House of Assembly representing Ethiope West Constituency informed The Source that the trail of Ibori by the Nigerian government is nothing, but a case of political persecution. Eluemunor corroborated Igbakpa’s position as he disclosed that both the EFCC and the Met Police have no case against Ibori. “This is political persecution and not prosecution and it is really unfortunate,” Eluemunor said.
When The Source contacted Femi Babafemi, EFCC spokesman, on the preparedness of the commission to get its operatives in Dubai to extradite Ibori to Nigeria, he disclosed on Wednesday, May 19, 2010 that the Agency was still making contact with its officers in Dubai to confirm the true position of things. He asked for a few hours to enable him get words from the operatives in Dubai but did not respond to subsequent calls made to his phone. Other sources, however maintained that the Nigerian government which does not have an effective co-operation agreement on extradition with the UAE was finding it difficult to pull through with the Ibori case. As an alternative, it is relying on the UK to succeed in her extradition request to enable the country request Ibori’s extradition from the UK authorities. Nigeria maintains a robust bilateral extradition treaty with the UK.
With a prolonged ding-dong on the case, supporters of the ebullient former governor say that they are sure to have the last laugh. But before then, there may be no end yet for the waiting game.