James Ibori Photo: Sun News Publishing

Mores Stories on This Section

Chief James Ibori on Tuesday filed an appeal against the ruling of the Federal High Court (FHC) Kaduna, in the case between him and the Economic and Financial Crimes Commission, (EFCC).

The presiding Judge, Mr. Mohammed Lawal Shuaibu, ruled last Monday that he was not shown sufficient reason why he should excuse himself from the case and transfer same to the Chief Judge of the FHC for re-assignment to another FHC, near Asaba, the Delta State capital.

Ibori’s counsels had argued that the suit was not assigned to the FHC, Kaduna by the Chief Judge thereby constituting a likelihood of bias as the EFCC engaged in “forum shopping.”

In the appeal filed by J.B Daudu (SAN) in Court of Appeal, Kaduna, Ibori faulted (a) “The entire ruling on the application for transfer, and other prayers and (b) the ruling refusing an adjournment to another date for the amendment of the charge.”
The grounds of the appeal are

• That Shuaibu erred when he assumed jurisdiction in Kaduna and refused to transfer the case on alleged offences committed in Delta State against the stipulations of Section 45 of the FHC rules and section 19 –(3) of the EFCC Act, which places venue of trial on the FHC exercising jurisdiction “in the area or place where the offences were committed.”

• That Shauibu erred in his reliance on Section 249 of the 1999 Constitution, dealing with the general jurisdiction of the FHC in his ruling. Ibori also charged that it was “window shopping” for EFCC to initiate criminal proceedings in Kaduna, hundreds of kilometres away from Delta State, and an abridgment of his fundamental Human Rights, and that this” breach of Section 45 of the FHC ACT is not cured by recourse to general jurisdiction of the FHC” or its power’s to try money laundering crimes.

• That Shauibu erred by relying on Abiola versus FRN (1995) as justification for any division of the FHC to try any criminal offence allegedly committed outside its territorial jurisdiction or division, because the issues are totally different, and that Section 70 of the CPA justifies the transfer sought in this case, and that it will be “oppressive and injurious to the applicant’s fundamental Human Right to fair hearing to continue the proceedings in Kaduna”.

especially as Ibori’s “affidavit evidence showing particulars of oppressiveness” he would suffer went “virtually unchallenged” and that the “alleged security implications (not true in the first place) of a trial in Delta State, did not justify EFCC’s filing criminal proceedings in Kaduna contrary to provisions of FHC Act.

• That Shuaibu erred by refusing to transfer the case away from his court based on absence of proof of any pecuniary or other real bias when Ibori’s argument was that EFCC’s selection of his court raised a likelihood of bias, a technical bias arising from any reasonable man’s perception owing to the forum shopping involved. Therefore, that Ibori was under no obligation to prove pecuniary interest or actual bias when he proved that choice of Kaduna court was arbitrary and contrary to FHC rules and EFCC legislations.

• That Shuaibu erred by relying on Section 19-(3) of the EFCC Act 2004 and an “unpublished practice direction to justify the direct filing of the case in Kaduna without awaiting the distribution of criminal business to (designated) Judges as directed by Section 22 of the FHC Act and by so doing created a situation of likelihood of bias” as the section did not authorise direct initiation of cases before designated judges as case distribution remained the preserve of the Chief Judge of the FHC. That designated judges only hear EFCC cases so assigned.

That Suaibu erred when he directed the amendment of the original charges despite accused person’s objections that the day’s business was limited to his ruling,, especially as their lead counsel was not in court last Monday.

Udoamaka Okoronkwo also filed another but like-worded appeal. Both are seeking the following relief: “An order allowing the appeal, setting aside (Shuaibu’s judgement) and in its place grant the prayers sought in the motion paper dated the 18th of February 2008, where they asked Shauiabu to “recuse” himself and transfer the suit to the Chief Judge of the FHC for assignment to another court near Asaba.”