Hearing On Ibori’s Bid To Stop EFCC Begins, Wednesday

Federal High Court, Asaba will begin fresh hearing of Chief James Ibori on Wednesday April 28, 2010 in his application to restrain EFCC from arresting him.

Justice I.N. Buba, Monday April 19 in Asaba after listening to arguments by Mr J.B. Dauda (SAN) counsel to Ibori and Mr Chidi Okoroma, counsel to EFCC, fixed April 20.

 Ibori, through his counsel had filed a motion exparte on April 12, praying Buba to grant an interim injunction restraining the EFCC from arresting or harassing him.

Joined in the suit are the Attorney-General of the Federation; the Inspector-General of Police and the Director-General of the State Security Service (SSS).

Ibori also urged the court to restrain the respondents, their agents, privies and assigns from intimidating him or attempting to arrest him pending the hearing and determination of the substantive motion.

 But the court ruled on April 14, that the Motion on Notice filed by Ibori be served on all the respondents and that the motion be heard April 19.

 Counsel to Ibori who argued the motion Monday said he was served the counter affidavit and Notice of Preliminary objection by the EFCC.

 Dauda said he was also served  the first respondents counter affidavit.

He said that the Notice of preliminary objection by EFCC contained an elaborate address and it was only fair for him to respond because it questioned the jurisdiction of the court to hear the matter.

“The lawyer raised certain facts not contemplated by the original application in which we need to file a counter and further affidavit.”

He also clarified “some misinformation” that the court granted Ibori a restraining order.

He also urged the court to compel the respondents to subject themselves to the rule of law.

Dauda also urged the court to grant Ibori a preservative injunction.

But Okoroma said the EFCC was “taken aback” when Dauda mentioned that they were in court to hear the case in which they were served only on April 15.

The EFCC counsel said there were no bases for the court to grant preservative order over Ibori.

He also urged the court to call the press to order against what he called the misrepresentation of processes of court in the reportage of the matter.

The judge said he would invoke and apply relevant sections of the criminal code on false publication on any journalists who ridiculed the administration of justice.

He said the court was at liberty to commit to prison anybody who is in contempt of court.

The judge who also adjourned to April 28 for fresh hearing notices to be served on the first and third respondents.

He also appealed to journalists to report correctly what happened in court and cross check facts when in doubt.