The Delta State Elders and Leaders Stakeholders Forum has called on the Chief Justice of Nigeria, Justice Idris Legbo Kutigi, either to halt the verdict in the trial of James Ibori in Asaba next Friday, or transfer Judge Mercel Awokulehin from it. It pointed out that Justice Awokulehin's integrity and honour is in doubt.
In a letter dated 30 October 2006, and signed by its Chairman, Chief E.K. Clark, the Forum cited the recent query of Judge Awokulehin by the Nigeria Judicial Council, to be answered within two weeks, or about the 4th of November.
"I respectfully submit that it is not in the interest of justice and fairplay for the same judge whose reply to the charges of gross misconduct has not been investigated and cleared of the grave allegation to sit in court over the case on the 6th of November, 2009, in fact, two days after the answer to the query," the Forum said.
The letter follows a recent series of events, including yesterday's report by Saharareporters detailing plans by Awokulehin, who was handpicked by the powerful defendant, Ibori, to quash the 170-count felonious charges of fraud, abuse of office and graft on technical grounds.
On 19 October, the Campaign Against Corrupt Leaders (CACOL), in a petition to the Nigerian Judicial Council, described Awokulehin’s misconduct as “unprecedented in the history of the legal profession in Nigeria.” The judge, knowing or ought to know that Nigeria law does not provide for any exchange of letters between a trial court in Nigeria and a foreign court, had written a letter to a trial court in London, with implications for the cases before both of them that involved James Ibori and his associates.
In its letter, the Stakeholders Forum described the act, undertaken without reference to the hierarchy of the Judiciary in Nigeria or through the Federal Attorney-General under the Mutual Legal Assistance Agreement Treaty (MLAT) as "tantamount to a grave miscarriage of justice."
With only days before Justice Awokulehin is scheduled to pronounce judgement in the Ibori case, the Stakeholders Forum said, "Our fear that justice will not be done in
Asaba is strengthened or confirmed when a few weeks ago, the same EFCC that saw nothing wrong in the judgment of the Court of Appeal, Kaduna, charged to a Federal High Court, Abuja for offences allegedly committed in Adamawa State by the former Governor of Adamawa State, when the Federal High Court, Yola or Maiduguri should have been the court of trial."
It also noted several other trials of former governors that are taking place outside of the states where the offences were allegedly committed.
Saharareporters' investigations show that the EFCC had actually filed an appeal at the Supreme Court against the judgement given by the Court of Appeal in Kaduna, but caving in to pressure from Ibori, the Commission quietly withdrew it.
Also of interest is that several other former governors undergoing "trial" for corruption have hit the "jackpot" of stalling such activities through fresh motions requesting that their cases be sent back to their home states, where they have vast influence and powers of blackmail and violence.
Meanwhile, as reported by Saharareporters yesterday, plans are continuing in Delta State for massive high-profile parties to be held when Justice Awokulehin sets Ibori free. Those plans, which have the support of Delta State Governor Emmanuel Uduaghan, are being discreetly coordinated by Princess Faith Majemite, the executive assistant (political) in the Governor's Office.
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