Court insists on hearing Ibori’s $15m bribe money suit

[TGD]

THE Court of Appeal, Abuja Division Wednesday dismissed an application brought by a Lagos-based refrigerator repairer, Olalekan Bayode seeking to stop the on-going hearing of a suit brought by the Federal Government seeking an order of forfeiture of $15 million allegedly offered by former Delta State, James Ibori.

The money was meant as bribe to compromise an investigation by the then Mallam Nuhu Ribadu-led anti-graft agency.

The Federal High Court, Abuja Division had on Friday, November 23, 2012 dismissed an application filed by Bayode, to be joined as a party in the $15 million forfeiture suit by Government.

Bayode, who lives in Alagbado, Lagos had in the said ill-fated application, prayed the court to appoint him as the sole agent to be in custody of the money indefinitely.

But ruling on the application, Justice Gabriel Kolawole dismissed it on the grounds of "gross abuse of court processes."  Vexed by the decision, he immediately filed a notice of appeal at the Court of Appeal, seeking to upturn the trial court's verdict.   Determined to also halt proceedings at the trial court, he filed an application for stay at the Appeal Court.

But when the matter came up yesterday at the appellate court, the three man panel headed by Justice Amiru Sanusi described the application filed by John Aina on behalf of Bayode as being "incompetent and incurably defective having fallen short of the mandatory provisions of the Rules of Court.

Specifically, Aina failed to state the grounds upon which he had brought the application contrary to Order 7 Rule 1 of the Appeal Court Rules.

The three man panel held that Aina's approach was tantamount to entering a house through the window instead of the acceptable route, which is the door.         Although the applicant's counsel sought to argue the motion, he succumbed to wise counsel by applying to withdraw the application; a decision that allows him to come back.

Before the trial court, Bayode had prayed the judge to make an order compelling the Central Bank of Nigeria (CBN) to release the money to him for "proper management" following the dispute on the ownership of the fund by the federal and Delta State governments.

Government had asked the court to order the immediate forfeiture of the sum to it.

The Federal Government, through its counsel, Mr. Rotimi Jacobs (SAN), via an ex-parte originating summons, said the cash was received by officers of the Economic and Financial Crimes Commission (EFCC) from an undisclosed agent of the former governor in 2007.

The CBN and the Delta State Attorney-General are defendants in the suit.

The Federal Government beseeched the court for "an interim order of forfeiture of the sum pending the publication and hearing of the motion on Bayode.

Delivering ruling, Justice Gabriel Kolawole dismissed the case on the grounds of gross abuse of court processes.

The judge held that the applicant, Bayode, failed to show cause and did not give concrete reasons he should be joined in the suit.

"Yes. I gave an interim order directing the publication in Thisday newspaper for anyone who is interested in the property to appear before this honourable court to show cause within 14 days, why the final order of forfeiture should not be made in favour of Federal Government of Nigeria.

"The applicant said that he was an artisan, who repairs fridges, air conditioners and other things and wants the money released to him, to hold in trust for the Nigerians.

"This artisan has not put any evidence before me to prove claim to the money.

"Yet he wants this court to order the CBN to release the money to him so that he can put it in a charitable trust for the Nigerian people," he said.

He further held that Bayode and his counsel, Aina, had also abused legal procedures by unduly filing litigation for the purposes of ridiculing the court.

The Guardian

[Shola Sholaz]

James Ibori is a corrupt politician. He deserves to be jailed for the nest 30 years. He would serve as a lesson to others.