James Ibori’s Conviction, A Lesson For Nigeria

Yesterday, a London court convicted the former governor of Delta State and a chieftain of the Peoples’ Democratic Party (PDP), Chief James Onanefe Ibori of corruption and multiple frauds and consequently jailed him 13 years.

As many Nigerians applaud the London court for ensuring Ibori’s thoroughfare to prison, the lessons inherent in this conviction are enormous for Nigeria, especially the nation’s judicial system.

The jail term handed Ibori yesterday is a victory for the rule of law, a subject that has become almost a reverberating refrain in Nigeria. It is an awakening call to duty, especially to all stakeholders in the fight against corruption. The first in line are the anti-graft agencies, who have the constitutional mandate to bring to book all corrupt persons in the country. The need for thorough investigation in prosecuting corruption cases can never be over-emphasised.

Many times, the agencies; the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and even the Police come to court unprepared. The result is that most of the cases they bring before various courts enjoy expanded lifespan; and when the courts wear themselves out of seeing the charges, they dismiss them for lack of diligent prosecution.

Justice, the lawyers say is three-faced: for the accused, the victim and the state. So, suspects accused of corruption can also contribute to speedy dispensation of justice by not putting before the court roadblocks in forms of unnecessary applications and injunctions. In the case of Ibori before the London court, he obviously saw that there was no way out and that was why he pleaded guilty, and in good time; and by implication, saving the British government tax payers’ money.

If it was in Nigeria, he would have encountered several loopholes in the legal framework through which he could expand endlessly, the life span of the corruption charge against him. The nation’s lawmakers must as a matter of urgency make the necessary enactments to bring the law books at par with the current trends across the world. Using archaic laws cannot help the course of justice for Nigeria.

The judges must embrace modern trends to ensure speedy adjudication of the matters before them. As at yesterday, even the Supreme Court justices were still taking court proceedings long-hand. The Nigerian Bar Association (NBA) must ensure the discipline of lawyers who allow themselves to be used by corrupt politicians and businessmen.

Meanwhile, Ibori’s road to prison had been long-drawn. Ibori was governor of Delta State between 1999 and 2007. As soon as he left office, the EFCC in December, 2007 arraigned him before a Federal High Court sitting in Kaduna on a 103-count charge. He went ahead to challenge the jurisdiction of the court and it was struck out by the presiding judge, Justice Mohammed Shuaibu.

The former governor went on appeal and the Court of Appeal, Kaduna Division on December 19, 2008 upheld his objection; saying that accused persons should be tried in the states where the alleged offences were committed. That judgment was to set the pace for most of the corruption trials pending before the federal courts; as the other former governors undergoing trial for corruption started pushing to be tried in their states where they have large support-base.

Interestingly, a Federal High Court was quickly constructed in Asaba, the Delta State capital and Ibori was there arraigned before Justice Mercel Awokulehin, who in a very swift trial discharged him of the 170-count charge then preferred against him by the EFCC.

He thereafter fled to Dubai where he was later arrested and on October 17, 2010, a court of First Instance in Dubai ruled that Ibori be extradited to the United Kingdom where he was wanted on charges of money laundering, credit card fraud and official theft. And that was how the controversial James Onanefe Ibori finally bagged the jail term; almost a life imprisonment.

It is thumbs-up for the court of London for showing Nigeria how a trial should best be conducted. After convicting almost his whole family and friends, Ibori obviously saw no way out of the charge and had to plead guilty; as he were. If it was in Nigeria, there must have been one application or the other that would have stalled the case. Several examples abound of many former governors charged to court in very dramatic circumstances since 2007, and are yet to be tried.