Six years after Justice Marcel
Awokulehin sensationally struck out all 170-count charge of money laundering
preferred against former governor of Delta State, James Onanefe Ibori by the
Economic and Financial Crimes Commission, EFCC, a three-man panel of justices
at the Benin Division of the Court of Appeal today, May 15, 2014 ruled that the
ex- governor who is currently serving a 13-year jail term in a London prison,
has a case to answer.
The
unanimous decision of court setting aside the infamous ruling of Justice
Awokulehin was delivered by Justice Ibrahim Saulawa and was supported by
Justices P. M Ekpe and H. A Barka respectively.
Displeased
with the controversial ruling by Justice Awokulehin, then of the Federal High
Court, Asaba, 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.
Wilson
Uwujaren
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