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.
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