Ibori faces 103 counts of theft Sunday, Dec 16 2007 

James Ibori - IndictedThe 103 count charge of corrupt enrichment to the tune of N10.08 billion laid against the former ‘ruler’ of Delta State, James Ibori has certainly gladdened the hearts of many in the delta who wish to see accountability restored to public service. Mr. Ibori is entitled to the presumption of innocence and will no doubt fight the charges vigorously as the public has no wish to see a soft plea-bargain arranged for yet another PDP functionary.

Ibori faces further complications in the efforts of the Delta Elders Forum led by former Minister of Information, Chief Edwin Clark who insist that he must account for N159 billion controversial supplementary budgets during his tenure. They allege that Ibori passed separate supplementary budgets for five years in one day. They are currently in discussions with lawyers with a view to seeking an order from the Federal Court of Appeal to compel an investigation of the alleged “looting”.

The charges prepared by the EFCC cover the period of 2003-7 (Ibori was sworn in in 1999) and seem to involve a rather limited number of companies. It is interesting to note that there is little indication of where the money actually went from the said accounts, especially as all banks are required by law to report transactions in excess of N1m and the EFCC would certainly have all the information regarding money flows from the suspect accounts in its possession.

The charges also carefully avoid the oil industry and political associations in a way that beggars belief. Delta State primary business is oil, with politics a close second. There is no indication of how sufficient funds came to be accumulated outside the country to fund the cash payment of $40m for the Nigerian operations of Wilbros, or the Bombardier jet and luxury properties that are at the root of his legal troubles in London. Observers must be concerned that the bulk of the charges indicate that money ’sat’ in different accounts and that seemed sufficient for the EFCC.

If Ibori is indeed to be charged with stealing from the public treasury, then surely those who received all or a part of such funds should have a case to answer. The tax authority should also make its own separate case if it can establish that Ibori had undeclared income, and did not pay the proper taxes personally or in his many corporate guises.

Now the outcome of the EFCC investigation, its thoroughness and credibility will be put to the test in the court. Pressure from public opinion has brought the proceedings thus far and what is expected is that the trial will be fair, the evidence convincing, and the outcome … satisfactory!

Anti-corruption agencies to be restructured Saturday, Dec 15 2007 

The Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoaaka (SAN) has revealed that government is considering the merger of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other Related Offences Commission (ICPC) and the Code of Conduct Bureau (CCB) to eradicate the overlap in their functions.

The news confirms speculation about radical changes coming to the anti-corruption agencies and their collective strategy early in the New Year. The EFCC, ICPC and CCB have overlapping responsibilities as exemplified in the prosecution of Diepreye Alamieyeseigha, former governor of Bayelsa State who was convicted in a case brought forward by the ICPC and still faces similar charges before the Code of Conduct Bureau.

The duplication of investigations and prosecutions has been unhelpful and has to a large extent undermined the reasons for the existence of the Serious Fraud Unit of the Police. It has also been wasteful from a resources point of view, especially in a situation where the EFCC has been largely funded and trained by external sources.

There will be speculation as to what the new structure will be and if the high profile Chairman of the EFCC, Nuhu Ribadu will preserve his current status but it is certain that the AGF will be looking to separate the anti-corruption cusade from political interference while seeking greater professionalism in the investigative and prosecuting arms of the new structure.

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