IBORI INSIST ON TRANSFER OF CASE

James Ibori

Former governor of Delta State, Chief James Ibori, has asked the Federal High Court sitting in Kaduna to stay proceedings pending the appeal filed over the ruling by Justice Mohammed Lawan Shuaibu dismissing the initial application to transfer the case out of Kaduna.

Ibori, dissatisfied with Justice Shuaibu's ruling, had filed a motion demanding for a transfer from Kaduna to the judicial jurisdiction where the alleged 170-count charge of corruption and money laundering were committed.

But Justice Shuaibu in his ruling on Monday, 10 March dismissed the application on the grounds that the Federal High Court is one all over the country and he (Shuaibu), has jurisdiction to hear the case.

In his ruling, Justice Mohammed Lawal Shuaibu, submitted that the Federal High Court in Kaduna is competent and it was within its jurisdiction to hear cases of corruption and money laundering against the former governor.

Justice Shuaibu also averred that Ibori and Uzoma Okoronkwo (co-accused) have failed to provide "substantial, unequivocal, potent and valid evidence in the motion filed by them on the tendency for the court to be biased over the case."

Ibori, in his motion (FHC/6/81) 2008, had prayed the presiding judge to rescue him from further participating in the trial since hearing the case outside the judicial division where the offences are committed will amount to an infringement on his fundamental right and constitute a bias.

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The motion further stated that failure to transfer the case would grossly violate Ibori and Uzoamaka's rights to fair hearing, particularly the right to adequately prepare their defence against the 129-count charge levelled against them.

He added that Kaduna is not a convenient forum chosen by the EFCC for reasons of "forum shopping".

Meanwhile, the third accused, who is a legal practitioner, was brought to court his morning by the EFCC which further amended 170-count charge brought against Ibori and others. Ibori pleaded not guilty to the charges.

Meanwhile, Ibori's counsel, Dawodu expressed confidence that the Appeal Court will do justice to the unfavourable ruling of Shuaibu.

According to him, Shuaibu erred when he refused to transfer the case, as the provision of Section 45 of the Federal High Court Act, Section 19 of the Money Laundering Act 2004 and Section 19 (3) of the EFFC Act, taken together mandatorily places the venue of such trial in a Federal High Court to the area where such offences are committed.

The case was adjourned till 16 April for ruling on the application for stay proceeding.