The Independent Corrupt Practices and Other Related Offences Commission (ICPC), yesterday, quizzed the immediate past Governor of Cross River State, Mr. Donald Duke, and his wife, Onari, over their disbursement of a total of N4.3 billion public funds.
Also yesterday, the Federal High Court, Enugu relaxed the bail conditions it gave Edo State former Governor, Chief Lucky Igbinedion, while Delta State former Governor, Chief James Ibori, has asked Justice M.L. Lawal of the Federal High Court, Kaduna trying him for embezzlement and money laundering to hands off the case.
Mr. and Mrs. Duke were summoned by the ICPC on the strength of statements by former council chairmen in the state to the effect that they were made to contribute one million naira every month to Mrs. Duke’s Non-Governmental Organsiation (NGO).
There are 18 local government areas in the state and the contribution lasted the eight years of Mr. Duke’s administration.
By the time he left office in May 29, 2007, a total of N1.728 billion had accrued into the NGO’s account.
Mr. Duke was separately quizzed on how he spent another N2.5 billion public fund. The couple arrived the ICPC’s premises to meet a team of interrogators.
It was also gathered that Duke was asked questions about TINAPA.
The Resident Media Consultant to the Commission, Mr. Folu Olamiti, was contacted yesterday on the responses of the accused couple to the allegations but he declined to make any disclosure.
He only confirmed that Duke and his wife appeared before the commission.
Court relaxes Igbinedion’s bail conditions
Also yesterday, reprieve came the way of embattled former Governor of Edo State, Chief Lucky Igbinedion when the Federal High Court, Enugu relaxed the conditions earlier given for his bail.
Justice Olayinka Faji granted the plea of Igbinedion’s lead counsel, Alhaji Abdullahi Ibrahim (SAN) that the bail conditions be varied as they were too stringent.
The former Edo governor who is standing trial for alleged embezzlement and money laundering while in office, was granted bail on Monday, February 11 by the court in the sum of N10 million and two sureties who must be Federal Permanent Secretaries in the like sum.
The permanent secretaries were to be recommended to the court by the Head of Service of the Federation, Mrs. Ebele Okeke, who declined on the ground that the accused person was not a government official and, therefore no government functionaries could stand surety for him.
The inability of Igbinedion’s lawyers to meet this bail condition forced him to spend the last one week in EFCC custody. They returned to the court last Friday informing the judge that they met a brick wall in the office of the HOSF and sought a variation of the bail conditions.
When the motion for variation was moved by Alhaji Ibrahim yesterday, Justice Faji wasted no time in considering the application more so as the prosecution raised no objection.
Rather than providing two permanent secretaries as sureties, the conditions were amended to two sureties who must be persons with landed properties within the jurisdiction of the court, Enugu, Anambra or Edo, the home state of the accused.
Six of the bail conditions were amended while nine grounds were retained. With the amendment, the HOSF is no longer required to recommend the sureties, while the court directed the Chief Registrar to refund to Igbinedion a Bank Draft of N10 million which he erroneously deposited with the court for his bail.
Justice Faji said he did not order the accused to make such deposit as one of the conditions for his bail.
But he insisted that Igbinedion must deposit his Nigerian passport and any other passport in his possession with the Federal High Court.
Meanwhile, Igbinedion’s lawyers have indicated that the new bail conditions which they said were less stringent would be fulfilled with minimal delay to enable the accused rejoin his family.
Justice Faji has adjourned the matter to February 25 when an accelerated trial of the former Edo governor on the 147-charge slammed against him by the Federal Government would commence.
Ibori asks judge to hands off case
However, Chief Ibori yesterday filed a suit, asking Justice M L Shuaibu of the Federal High Court, Kaduna trying him on a 129-count charge of official corruption to hands off his case with immediate effect.
Chief Ibori who cited likelihood of bias as his reason for asking the trial judge to hands off the case also alleged that his ongoing trial by the EFCC before the high court was illegal.
He said the subject-matter of the criminal charge preferred against him was already subject of litigation before another high court of jurisdiction and that his being brought for trial on the same issue amounted to an abuse of court process.
His alleged accomplice standing trial with him also joined him in making similar request.
Besides, the former governor is also requesting Justice Shuaibu to return his case file to the chief judge of the Federal High Court for onward transfer and reassignment to the judicial division where the offences in the 129-count charge were allegedly committed.
According to him, “continuing with his trial in Kaduna is contrary to the provisions of the Federal High Court Act; violates his right to fair hearing particularly the right and opportunity to adequately prepare his defence to the 129-count made against him and his alleged accomplice.
He also said the Chief Judge of the Federal High Court must withdraw the case file from his trial judge because Kaduna is a forum non conveniens chosen by the EFCC for reasons of forum shopping.
The double requests by Ibori and his alleged accomplice are contained in a motion filed at the registry of the Kaduna Division of the Federal High Court yesterday.
The motion, a copy of which was seen by Vanguard, was brought pursuant to section 36(1) 4, 6 (b) (d) of the 1999 constitution; 19, 22 and 45 of the Federal High Court Act..
The motion was accompanied by a 19-paragraph affidavit personally deposed to by Chief Ibori himself.
Giving the background surrounding his filing of the application in the affidavit, Chief Ibori explained that he was not likely going to get justice in the case if the present trial judge was allowed to go ahead with the hearing of the case.
For instance, he said the EFCC that filed criminal charges against him did not follow due process in initiating the charges.
He alleged that the commission bypassed normal procedure and filed directly the case before Justice Shuaibu whom they felt would dole out injustice on him.
“The insistence of EFCC on his trial in Kaduna by EFCC is an indication that the commission is looking for a favourable forum to prosecute me,” he said.
He also said apart from the fact that his counsel was not allowed to make any input into the issue of adjournment at the last hearing date for the purposes of full blown trial in his case, the seven days given him was too short to prepare for his defence.
He said while he is willing to defend the allegations against him, he said that Kaduna division of the Federal high court was not even convenient for him.
According to him, he presently has a list of over 200 witnesses resident in Delta State to give evidence in his favour and that moving them from Delta to Kaduna would not only occasion hardship on the witnesses but would also have a serious telling effect on his purse.
He also said the allegations against him required presentation of some sensitive state documents which run into volumes and that he was not sure whether the present administration would permit him to move such documents from one end of the country to another.
He begged the high court judge to accede to his request and hands off the case.
As at press time, EFCC is yet to respond to the motion and no date has been fixed for its hearing.
Court adjourns Ibori's trial to March 5
And in Kaduna, the Federal High Court there yesterday adjourned Ibori's trial to March 5, 2008.
Justices Mohammed Shuaibu adjourned the case following the absence of the defence counsel, Mr Joseph Daudu (SAN).
Mr. Daudu was said to be absent in court because he was attending to a case at the Supreme Court.
In a letter to the judge, Mr Daudu asked for the adjournment of the case till either March 18 or 19, 2008 but the judge took exception, calling it “dictation” from Mr Daudu.
By Ise-Oluwa Ige, Tony Edike & Emeka Mamah
Vanguard
Monday, February 18, 2008
