Post by play on Nov 24, 2012 15:04:16 GMT
An Abuja Federal High Court on Friday dismissed an application by a refrigerator and generator repairer, Mr. Olalekan Bayode, to claim Ibori’s controversial $15m bribe.
Bayode, who lives in Alagbado, Lagos, had through his counsel, Mr. Femi Aina, a United Kingdom-based lawyer, asked the court not to give the said amount to the other claimants – the Federal Government and the Delta State Government – but instead, it should be given to him to set up a Trust Fund devoted to the wellbeing of Nigerians.
The applicant, had asked the court to join him in the case concerning the $15m Ibori bribe as an “intervener”, said that the proposed Fund would be managed by Nigerians of integrity.
He argued that he was qualified to be joined in the matter as “a beneficial owner” of the controversial sum.
He argued that “it was in public interest” not to give the money to either the FG or the state government “due to their antecedents.”
But Bayode’s claim was challenged by the FG and the state, who asked the court to dismiss his application.
Ruling on the matter on Friday, the Presiding Judge, Justice Gabriel Kolawole, dismissed the suit and almost asked that Bayode be remanded in prison for filing such an application before the court, especially because he did not fall into the category of persons ordered to appear before it to claim the money. If they had any legitimate cause in the interim order he granted in the matter on July 24, 2012.
Kolawole had on the said date granted an interim order forfeiting the $15m to the FG, and ordered any other party, who is interested in the cash to appear before the court within 14 days to prove why an order of final forfeiture should not be made in favour of the FG.
Similarly, the Judge frowned at the conduct of Bayode’s lawyer, Aina, which he said “left much to be desired.”
Kolawole specifically asked Aina if he could file such an application before any court in the United Kingdom, where he practices. Consequently, he urged the Nigerian Bar Association to take note of the development.
He said, “The counsel had little or no regard for the rules of the court.
The motion on notice filed was not according to the category of those asked to come before the court to show cause.
“I should have made an order to ask the intervener to appear before the court to show why he should not be imprisoned. Had he made a direct claim to the money, he would have been referred to the police for investigation and prosecution; but he was smart by asking for the money as a trustee.”
Kolawole, therefore, dismissed the application as a “gross abuse of the court process.”
As a result of the development, the FG and the Delta State Government are the only parties left in the court case over the $15m bribe.
Bayode’s suit was the third claim to fall by the way side in the battle, so far.
Other applications by a lawyer, Timipa Okponipere, and a businessman, Chibuike Achigbu, were earlier dismissed and withdrawn, respectively.
Okponipere appeared before the court to claim the money for the government and people of Delta State, but his suit was dismissed after the state government denied knowledge of it.
Achigbu claimed that the $15m had nothing to do with Ibori, but a campaign contribution made by a group of businessmen to support the Peoples Democratic Party campaigns, and subsequently given to Sen. Andy Uba, who was then a presidential aide to transmit to the Economic and Financial Crimes Commission, to ensure that the donations complied with the law.
Achigbu eventually withdrew the suit.
The court will hear the arguments of the FG and Delta State on Dec. 11, 2012.
The FG, through EFCC counsel, Mr. Rotimi Jacobs (SAN), wants the court to make a final order forfeiting the $15m to it, while the Delta State Government, represented by its Attorney-General and Commissioner of Justice, Chief Charles Ajuya (SAN), is also asking that the money be given to it.
Bayode, who lives in Alagbado, Lagos, had through his counsel, Mr. Femi Aina, a United Kingdom-based lawyer, asked the court not to give the said amount to the other claimants – the Federal Government and the Delta State Government – but instead, it should be given to him to set up a Trust Fund devoted to the wellbeing of Nigerians.
The applicant, had asked the court to join him in the case concerning the $15m Ibori bribe as an “intervener”, said that the proposed Fund would be managed by Nigerians of integrity.
He argued that he was qualified to be joined in the matter as “a beneficial owner” of the controversial sum.
He argued that “it was in public interest” not to give the money to either the FG or the state government “due to their antecedents.”
But Bayode’s claim was challenged by the FG and the state, who asked the court to dismiss his application.
Ruling on the matter on Friday, the Presiding Judge, Justice Gabriel Kolawole, dismissed the suit and almost asked that Bayode be remanded in prison for filing such an application before the court, especially because he did not fall into the category of persons ordered to appear before it to claim the money. If they had any legitimate cause in the interim order he granted in the matter on July 24, 2012.
Kolawole had on the said date granted an interim order forfeiting the $15m to the FG, and ordered any other party, who is interested in the cash to appear before the court within 14 days to prove why an order of final forfeiture should not be made in favour of the FG.
Similarly, the Judge frowned at the conduct of Bayode’s lawyer, Aina, which he said “left much to be desired.”
Kolawole specifically asked Aina if he could file such an application before any court in the United Kingdom, where he practices. Consequently, he urged the Nigerian Bar Association to take note of the development.
He said, “The counsel had little or no regard for the rules of the court.
The motion on notice filed was not according to the category of those asked to come before the court to show cause.
“I should have made an order to ask the intervener to appear before the court to show why he should not be imprisoned. Had he made a direct claim to the money, he would have been referred to the police for investigation and prosecution; but he was smart by asking for the money as a trustee.”
Kolawole, therefore, dismissed the application as a “gross abuse of the court process.”
As a result of the development, the FG and the Delta State Government are the only parties left in the court case over the $15m bribe.
Bayode’s suit was the third claim to fall by the way side in the battle, so far.
Other applications by a lawyer, Timipa Okponipere, and a businessman, Chibuike Achigbu, were earlier dismissed and withdrawn, respectively.
Okponipere appeared before the court to claim the money for the government and people of Delta State, but his suit was dismissed after the state government denied knowledge of it.
Achigbu claimed that the $15m had nothing to do with Ibori, but a campaign contribution made by a group of businessmen to support the Peoples Democratic Party campaigns, and subsequently given to Sen. Andy Uba, who was then a presidential aide to transmit to the Economic and Financial Crimes Commission, to ensure that the donations complied with the law.
Achigbu eventually withdrew the suit.
The court will hear the arguments of the FG and Delta State on Dec. 11, 2012.
The FG, through EFCC counsel, Mr. Rotimi Jacobs (SAN), wants the court to make a final order forfeiting the $15m to it, while the Delta State Government, represented by its Attorney-General and Commissioner of Justice, Chief Charles Ajuya (SAN), is also asking that the money be given to it.
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