Date Published: 12/17/09
Justice Awokulehin dismisses corrupt charges against Ibori
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James Ibori |
An Asaba Federal High Court today dismissed all charges preferred against the former governor of Delta State, Chief James Onanefe Ibori saying they lack merit.
Ibori was arrested in 2007 and charged for abuse of office, corruption and money laundering.
Awokulehin of the Federal High Court, Asaba, had deferred ruling on the application brought by James Ibori's counsel to quash the case brought against him by EFCC. Others standing trial with Ibori are Udoamaka Okoronkwo and Chiedu Ebie. Mr. Awokulehin was first billed to deliver the ruling early in November but deferred it.
The judgment, which lasted about an hour and forty five minutes was delivered by Justice Marcel Awokulehin who said that the Economic and Financial Crimes Commission (EFCC) failed to established a prim facie case against the accused.
Awokulehin quashed all 170 charges against Ibori and others saying that EFCC failed to supply evidence or called witnesses to back up the charges.
CHARGES AGAINST IBORI QUASHED BY JUSTICE AWOKULEHIN
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[A] Adebimpe Folayinmi Pogoson [23/10/68 - 40 ys] of Barons Court, Church Lane, The Hyde, NW9
[B] Christine Omatie Ibori-Ibie [4/7/58 - 50 ys] of Woodhill Cres, Kenton, Harrow, Middx
charged with:
= Count 1:
Between 1 June 1999 and 29 May 2007 they conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to defraud the Delta State Government by dishonestly, among other matters:
(i) being a party to an inflated price fraud in respect of the contract for the building of a sports track for the Delta State Government at the
(ii) being a party to the provision of an inflated invoice fraud in respect of the supply of vehicles to the Delta State Government
(iii) being a party to working for the private interests of James Onanefe Ibori whilst the Governor of Delta State whilst being paid by the Delta State Government.
Contrary to common law.
= Count 2:
Between 1 May 1999 and 24 March 2003 they conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to enter into or were otherwise concerned in an arrangement whereby the proceeds of the criminal conduct of James Onanafe Ibori were used:
(i) to secure that funds were placed at the disposal of James Onanefe Ibori; or
(ii) for the benefit of James Onanefe Ibori to acquire property by way of investment,
they knowing or suspecting that James Onanefe Ibori was or had been engaged in criminal conduct or had benefited from criminal conduct.
Contrary to section 93A of the Criminal Justice Act 1988.
= Count 3:
Between 23 March 2003 and 30 May 2007 conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to conceal, disguise, convert, transfer, or remove criminal property, knowing or suspecting that the property constituted a person's benefit from criminal conduct, or it represented such a benefit in whole or in part and whether directly or indirectly.
Contrary to section 327 of the Proceeds of Crime Act 2002.
Christine Omatie Ibori-Ibie also faces the following charges:
= Count 4:
On or about 2 of Nov. 2001 dishonestly obtained for herself or another a money transfer from GMAC -RFC Limited in the sum of £356,250.00 being a loan by way of mortgage in respect of the property known as 76 Woodhill Crescent, Kenton, Harrow, Middlesex HA3 0LZ by deception, namely by making false representations, among others, that
(i) her income was £130,238.00;
(ii) her business was C Ibie International and was an export and import agent;
(iii) the business had been established since 1996
(iv) she had been self employed in it for 5 years as the owner.
Contrary to section 15A of the Theft Act 1968.
= Count 5:
On or about 20 April 2006 she dishonestly obtained for herself of another a money transfer from Abbey National PLC in the sum of £374,000.00 being a loan by way of mortgage in respect of the property known as 76 Woodhill Crescent, Kenton, Harrow, Middlesex HA3 0LZ by deception, namely by making false representations, among others, that:
(i) she was a self employed interior decorator working form her home address;
(ii) her net profit/income for the year to 5th April 2005 was £89,820.00;
(iii) her net profit/income for the year to 5th April 2004 was £85,448.00;
(iv) her net profit /income for the year to 5th April 2003 was £79,105.00
Contrary to section 15A of the Theft Act 1968.
= Count 6:
On or about 3 July 2001 she dishonestly obtained for herself or another a money transfer from GE Money Home Lending Limited (part of I Group Limited) in the sum of £50,500.00 being a loan by way of mortgage in respect of the property known as 139 Kingfisher Way, London NW10, by deception, namely by making false representations, among others, that
(i) she operated a wholesale childrens' wear business under the name of Mareli from 78 Victoria Road, London NW6 6QA;
(ii) she had been self employed for six years;
(iii) her income was £200,000.00 before tax.
Contrary to section 15A of the Theft Act 1968.
= Count 7:
On or about 23 December 2003 she attempted dishonestly to obtain for herself or another a money transfer from the Kensington Mortgage Company Limited in the sum of £157,895.00 being a loan by way of mortgage in respect of the property known as Flat 47, Geneva Court, Rookery Way, Colindale, London NW9 6GA, be deception, namely by making false representations , among others, that:
(i) her business was in Oil and Gas services - management and maintenance;
(ii) the business was Winburg Oil and Gas and its address was 78 Victoria Road, Kilburn, London NW6 6QA.
(iii) the business had been trading for 5 years and her shareholding was 100 per cent;
(iv) her share of the net profits for the year 2002 to 2003 was £112,000.00
(v) her share of the net profits for the year 2001 to 2002 was £110,000.00;
(vi) her share of the net profits for the year 2000 to 2001 was £105,000.00.
Contrary to section 1(1) of the Criminal Attempts Act 1981.
= Count 8:
On or about 27 August 2004 she dishonestly obtained for herself or another a money transfer from the Kensington Mortgages Limited in the sum of £137,245.00 being a loan by way of mortgage in respect of the property known as 58 Uphill Drive, London NW9 0BX by deception , by making false representations, among others, that
(i) her business was in Oil and Gas services - management and maintenance;
(ii) the business was Winburg Oil and Gas and its address was 78 Victoria Road, Kilburn, London NW6 6QA;
(iii) the business had been trading for 5 years and her shareholding was 100 per cent;
(iv) her share of the net profits for the year 2002 to 2003 was £112,000.00;
(v) her share of the net profits for the year 2001 to 2002 was £110,000;
(vi) her share of the net profits for the year 2000 to 2001 was £105,000.00.
Contrary to section 15A of the Theft Act 1968
[C] Udoamaka ONUIGBO [a/k/a OKORONKWO] [8/12/64 - 43 ys] of 71 Mayflower Lodge, Regents Park Rd N3, business trader [Nigerian national] charged with
= 4 counts of money laundering.
(NFPUB 1 count of conspiracy to defraud has been discontinued)
The following will appear at trial listed for 21 February 2010 at Southwark Crown Court:
[D] Theresa IBORI [39 ys] of Westover Hill, Hampstead, charged with 4 counts of money laundering.
[E] Bhadresh Gohil (5.12.64 - 43 ys) of Leesons Hill, Chislehurst, Kent charged with 4 counts of money laundering:
= That he between 1 March 2005 and 1 Feb. 2007 conspired together with James Ibori, Theresa Ibori, Udoamaka Okoronkwo and others to commit an offence of money laundering, contrary to Sect. 327 of the Proceeds of Crime Act 2002, by concealing, disguising, converting, transferring or removing criminal property from England and Wales, knowing or suspecting that the said criminal property constituted another's benefit from criminal property, or represented such a benefit, in whole or in part and whether directly or indirectly.
Contrary to section 1(1) of the Criminal Law Act 1977.
= That he between 1 March 2005 and 1 Feb. 2007 entered into or became concerned in an arrangement which he knew or suspected facilitated the acquisition retention use or control of criminal property by or on behalf of another, he knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit, in whole or in part, and whether directly or indirectly.
Contrary to Section 328 of the Proceeds of Crime Act 2002.
= That he between 1 March 2005 and 24 Sep. 2008 conspired together with James Ibori, Theresa Ibori, Udoamaka Okoronkwo. and others to commit a money laundering offence contrary to section 327 of the Proceeds of Crime Act 2002, by concealing, disguising, converting, transferring, or removing criminal property from England and Wales, knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit. in whole or in part and whether directly or indirectly.
Contrary to Section 1(1) of the Criminal Law Act 1977.
= That he between 1 March 2005 and 24 Sep. 2008 entered into or became concerned in an arrangement which he knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another, he knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit in whole or in part and whether directly or indirectly.
Contrary to Section 328 of the Proceeds of Crime Act 2002.
[C] Udoamaka ONUIGBO [a/k/a OKORONKWO] [8/12/64 - 43 ys] of 71 Mayflower Lodge, Regents Park Rd N3, business trader [Nigerian national] charged
= 2 counts of money laundering.
Further charges were brought on 9 September 2009 against:
[E] Bhadresh Gohil (5.12.64 - 43 ys) of Leesons Hill, Chislehurst, Kent
[G] Daniel McCann (10.7.42 - 67 ys) of Valley House, le Vau Bourel, St Mary, Jersey
[H] Lambertus De Boer (13.7.46 - 63 ys, male) of Cray House, 47 Penfold Street, London NW8
for:
- Conspiracy to defraud contrary to common law
- Conspiracy to make false instruments contrary to section 1(1A) of the Criminal Law Act 1977
-Money laundering contrary to section 328 of the Proceeds of Crime Act 2002
-Money laundering contrary to section 328 of the Proceeds of Crime Act 2002
-Money laundering contrary to section 327 of the Proceeds of Crime Act 2002
In relation to the sale of V Mobile telecoms shares by two Nigerian States viz. Akwa Ibom State and Delta State, whereby circa USD $37.8 million was stolen.
They have been bailed to appear at City of Westminster Magistrates Court on 10 September 2009.
[F] On 9 April 2008 a man [now 50 yrs] was arrested in connection with another strand of the wider police investigation. He returned on bail on 24 June 2009 and was re-bailed pending further enquiries to 24.9.09. |
