The former governor of Delta state, Chief James Ibori, who was standing trial on a 170-count charge of money laundering, was yesterday discharged by a Federal High Court in Asaba.Also discharged were Udoamaka Okoronkwo and Chiedu Ebie.Ruling on an application made by Ibori's counsel,Mr Augustine Alegeh, seeking to quash the charge, Justice Marcel Awokulehin said the application succeeded. ``The application to quash succeeds, it is hereby quashed and the accused persons are hereby discharged,'' Alegeh said. He said the EFCC led by its counsel, Mr Kayode Oni who held the brief of Mr Joseph Daudu (SAN), failed to provide evidence to convict Ibori.``There are no witness statements from any of the EFCC officials in the proof of evidence of criminal trial.``The duty lies on the      prosecution to alight evidence in proof of prima facie case. ``The prosecution has failed in the instant case against any or all the accused persons in the 170-count charge.``The law should only be applied to facts of the case. An accused person is either criminally responsible for an act or not. There are no two ways about it,'' he stated. He said the prosecution must have all the evidence to oppose the application to quash. ``It is an elementary and most vital requirement of our law that before the prosecution takes the decision to prosecute, it must have all the evidence to support the charge.``Accordingly, the further amended charges dated and filed on March 3, 2008, be and hereby quashed and the accused persons are hereby discharged,” Awokulehin said.Reacting to the judgment, Alegeh described it as ``very exhaustive. ''``It is going to be one of the lighting pillars of our legal jurisprudence. ``We also want to commend my lord for the ambience and the opportunity that we got in this court. We thank my lord very much, ” he added.The ruling had suffered several adjournments after it was referred from the Federal High Court, Kaduna to Awokulehin’s court for retrial.Awokulehin was first billed to deliver the ruling early in November, but deferred it four times.Meanwhile, the Economic and Financial Crimes Commission (EFCC) has said it would file an appeal against the judgment of the Federal High court that quashed the 170-count charge against Mr James Ibori.A statement signed by Femi Babafemi, Head, Media and Publicity of the Commission in Abuja, said that the decision of the court in Asaba would be challenged in a higher court."We are convinced that this judgment cannot stand, especially at this critical time in our nation’s history when the judiciary is hailed for rising to the challenge of delivering fearless judgments against the corrupt in our society", the statement said. It said that the judgment, if not challenged "is capable of deepening the menace of corruption in Nigeria". ``This explains why the leadership of the Commission will leave no stone unturned to ensure that the case is taken to a logical conclusion given the enormity of evidence available to prosecution. ``In view of our determination to prosecute this case to a logical conclusion, and our strong belief that this hazy judgment cannot stand based on available evidence, we have to prosecute the case at a higher court,’’ it stated.

In what appears as a desperate clampdown on the opposition, agents of the Economic and Financial Crimes Commission stormed a meeting of the National Democratic League yesterday in Abuja and arrested a former Governor of Sokoto State, Alhaji Attahiru Dalhatu Bafarawa.He was arrested at about 3.25 p.m. at the venue of the meeting, Sheraton Hotels and Towers, Abuja.A source disclosed that Bafarawa returned to the country on Tuesday night from Saudi Arabia, where he had performed this year’s Hajj.His arrest stunned the gathering, who had just listened to an address delivered by the chairman of the League, Major-General Muhammadu Buhari (rtd.), who was also the All Nigeria Peoples Party presidential candidate in the 2007 general election.Others in the meeting were former Vice President, Atiku Abubakar, former Governor of Lagos State, Asiwaju Bola Ahmed Tinubu, former Governor of Kaduna State, Alhaji Abdulkadir Balarabe Musa, and a host of other top members of the opposition movement.It was not clear at press time why Bafarawa, a former governor of Sokoto State and presidential candidate of the DPP was arrested. But sources said the development could be due to his activities in the opposition camp or his indictment by a commission of inquiry set up by the Sokoto State government to probe the finances of the state under his watch.An official of the EFCC who craved anonymity confirmed the arrest and detention of Bafarawa to LEADERSHIP last night, saying the arrest had nothing to do with politics, even as the commission doesn't intend to gag the opposition.According to him, the ex-governor “has been our guest before over alleged financial crime. We've been looking for him for some days now. Somebody called to tell us yesterday that he was at the Sheraton and we went there and picked him. He is in our custody and might be charged to court this week. The charges against him are ready".In a swift condemnation, the leaders of the mega party movement stated that opposition elements in Nigeria have come under the hammer of government in different forms in the last three months, some of which had to do with subtle blackmail via the ongoing banking reform, sponsored media attacks and the latest, which is laying ambush for opposition leaders at public events.They claimed that this was intended to scare and intimidate the cohesive opposition in the country ahead of the 2011 elections, especially in the light of the alliance of Buhari, Atiku and Bafarawa.In a press statement yesterday, Alhaji Hamisu Santuraki, director of publicity of Mega Summit Movement, lamented the style of arrest of Bafarawa, saying it fell short of international standard and that it was intended to create jitters in the growing camp of those calling for genuine and legitimate change in the country.“We are deeply embarrassed by the Gestapo tactics of security operatives, who swamped like bees on the venue of our peaceful meeting at Sheraton Hotel in Abuja, pushing innocent citizens, to arrest one of the conveners of the parley and also in the process creating panic and pandemonium among defenceless Nigerians at the gathering."We therefore wish to state that as much as we like to support the endeavour of the EFCC to cleanse Nigeria of corruption, we will resist any resort to ambush, reckless and vindictive tactics of old. We make bold to say Nigerians are eagerly expecting the alternative mega party and no arm- twisting tactics of government can stop its emergence.”General Buhari, in the speech titled, “The Drift Continues,” told delegates that the meeting was taking place at a time when the nation is in a somber mood, considering the ill-health of President Umaru Musa Yar'Adua, for which all must commiserate with his family and people of this country. But he regretted that the debate over the issue of succession was beclouded by personalisation of the matter, adding that Nigerians should concentrate their attention on the constitutional provisions regarding succession.

Says ruling unreasonable, unwarranted  ||  Arising from the decision of the F.C.T High Court Gudu, to discharge the coordinator of the defunct Police Equipment Foundation (PEF), Mr. Kenny Martins and three others of the criminal case filed against them, the Economic and Financial Crimes Commission (EFCC) has appealed to Court of Appeal on grounds that the ruling is 'unreasonable and unwarranted and cannot be supported having regard to the evidence'.

The Court presided over by Justice Abubakar Talba, on Tuesday, November 24, 2009, discharged Martins of a nine-count charge bordering on conspiracy, criminal breach of trust and misappropriation of PEF funds to the tune of N7.47 billion. Others accused by the EFCC are Ibrahim Dumuje, Yero Gella and Nigerstalg Ltd.

The anti-graft agency in a notice of appeal to the Court of Appeal signed by its legal representative, Mr. Festus Keyamo expressed dissatisfaction with the whole decision of Justice Talba on   eight grounds.

ABUJA — The Economic and Financial Crimes Commission, EFCC, yesterday gave debtors of recently bailed-out banks two weeks to pay up or face another round of action.

Also, the anti-graft yesterday docked a former Ambassador to Spain, Ambassador Yusuf Yaro Mamman, before an Abuja High Court sitting in Lugbe, for allegedly spearheading the diversion of funds earmarked for the establishment of Aso Television station in Abuja.

The agency said it is focusing on Other Financial Institutions, OFIs, in its efforts to rid the country of money laundering and what it calls ‘terrorism financing’ .