Benin Division of the Court of Appeal Thursday ruled that a former Governor of Delta State, James Onanefe Ibori has case to answer on charges bothering on money laundering.
The ruling is coming about six years after Justice Marcel Awokulehin then of the Federal High Court, Asaba, struck out all 170-count charge of money laundering filed against the ex-governor who is serving a 13-year jail term in London, United Kingdom.
The Court of Appeal’s unanimous decision was delivered by Justice Ibrahim Saulawa and supported by Justices P. M Ekpe and H. A Barka.
Apparently not satisfied with the ruling of the High Court, the EFCC had approached the appellate court to set aside the judgment on the grounds that the court erred in law.
The appeal was predicated on four grounds. One, that the trial judge looked at the proof of evidence and evaluated same as if the prosecution had called all its witnesses and trial, has been concluded. Secondly, that the procedure is by way of summary trial and not trial by indictment or information.
That the proof of evidence clearly shows a prima facie case has been disclosed against the accused/ respondent and that His Lordship erred when he held that no case was disclosed against the accused/ respondent.
Fourthly, that the judgment is unwarranted, unreasonable and against the weight of proof of evidence filed by the prosecution in support of the charges.
Holding that the appeal was meritorious, Justice Salauwa, resolved all the four issues for determination in favour of the EFCC and directed that the matter be re-assigned to another judge of the Federal High Court for continuation of trial.
With this judgment, the coast is clear for Ibori to face trial in Nigeria upon the completion of his jail term in London. Other respondents in the case are Udoamaka Okoronkwo and Chinedu Ebie.
