Niger Delta
Ibori vs EFCC: Court Adjourns Ruling to Dec 17
Justice Marcel Awokulehin of the Federal High Court sitting in Asaba deferred giving his ruling a second time, on the application brought by Chief James Ibori’s counsel to quash the case the Economic and Financial Crimes Commission (EFCC) has against him and others.
Justice Awokulehin was first billed to deliver the ruling early November, but he said he was deferring it because he “wanted to err on the side of caution”.
He said that he had deferred delivering the ruling on the “6th of November, because of certain circumstances. But those circumstances that led to that adjournment still persist” and ruled that he was adjourning till the 17th of December.
Mr. Austine Alegeh (SAN), leader of Ibori’s legal team addressing the Judge said: “My Lord, we are not aware of the said circumstances you referred to. But if it is what has been written in the pages of the newspapers, none of the sides in this case, neither the defence nor the prosecution, has said anything in the newspapers”.
Reacting, Justice Awokulehin said “But the circumstances have not shifted. I will still like to err on the side of law. As far as the ruling is concerned, trials are not done in the pages of the newspapers. To even discuss such matters in the pages of the newspapers is subjudice. My not delivering the ruling today is not out of intimidation.”
Speaking to journalists after the adjournment, Alegeh said the defence still has absolute and unflinching trust in the judicial system and the judiciary and we believe that whatever occasioned the adjournment would be to the ends of justice.
When asked if he was not worried that the adjournment could be a means to pervert justice, he said ,“No, we are in court to do justice and not to pervert justice.”
“The Judge has explained that he prefers to err on the side of caution, and we must give him understanding, as he is in full control of his court, and he must know why he is taking the step he is taking. It may look like it is a delay, but we are used to such matters as is beginning to happen in court.”
“So we prefer to trust the Judge, have faith in the judiciary and believe that whatever he is doing is to actualise the ends of justice and not to pervert the cause of justice.”
Adding, Alegeh said; “the facts are clear and everybody should know that there is no complaint on the side of the defence or the prosecution. It is said that if you prefer to do your case on the pages of the newspapers, you should be ready to get your judgement from the Editor. But the law is sacrosanct, and the law is always there. So it is the law that matters”.
Alegeh led Ken Mozia and 11 other lawyers for Ibori while Mr. Kayode Oni led the EFCC legal team.
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