Indications have emerged that if the confiscation proceedings on the assets of former governor of Delta State, James Ibori, goes in favour of the British government, the country’s international development agency, the Department of International Development (DFID), will first receive £25 million from the total sum seized before the balance may be sent to the Nigerian government.
THISDAY learnt yesterday at the Southwark Crown Court, London, that the DFID had signed a Memorandum of Understanding (MoU) with the Nigerian government to benefit to the tune of £25 million from the £50 million in assets belonging to Ibori before Nigeria is considered for any payment, if at all.
This statement which was revealed at Court 13 by Steve Kamlish, a counsel representing Mr. Gohil Bradesh, came as a surprise to the Ibori family members and other Nigerians who attended the hearing. Kamlish also revealed that PC John Macdonald, a police officer investigating the matter, was also receiving salaries from the DFID.
Kamlish, told Judge David Tomlinson that “It is on record that DFID pays the salaries of investigating officers. Also, there is an MoU signed by British and Nigeria that DFID will collect £25 million as oppose to the money that Nigeria will receive. There is an arrangement to that effect,” he told the judge shortly before the court rose for the day’s activity.
Meanwhile, Gohil, the lawyer that initially represented Ibori before he (Gohil), was jailed for corrupt practices, had earlier told THISDAY before the hearing commenced in the afternoon that Britain seems to be reaping from where they did not sow, as he cannot fathom British interest in keeping that large chunk of money that would have presumably gone to the poor people of Nigeria they claim interest for.
However, Gohil would file an appeal to re-determine his trial and eventual imprisonment which he felt was compromised.
The hearing yesteday, which was convened suddenly was not attended by the vibrant prosecuting counsel, Wass Sasha and her team who have been prosecuting the case for the past seven years.
THISDAY gathered that Wass and her team might have been technically removed from handling the case by the Crown Prosecuting System (CPS). Also, the presiding Judge, Anthony Pitt, is said to be nearing retirement and therefore was not in court.
The court, which was designed to entertain skeletal hearing on how the trial will go in June was almost stalled by the absence of any member of the prosecuting team. As at the time hearing started before lunch break, there was no member of the prosecuting team that showed up, nor conveyed any information as to why they will not be coming.
But Judge Tomlinson, trying to keep his head up, told the court which was fill with Ibori’s and Gohil’s defence teams that he would make enquiry as to why the prosecution was absent and whether they will be represented.
Judge Tomlinson said: “It is unlikely that Sasha will be appearing to court today.”
Kamlish then retorted: “I doubt.”
“Is Neil Moore attending the hearing?” the Judge asked again.
Again the defence team said, “I doubt,” which elicited some laughter from the team of lawyers that were ready to argue any case fired from the prosecuting team had they been in court.
Kamlish then told his honour that if the court brings Sasha back to continue in the trial, he would file an injunction to that decision.
However, when the court reconvened in the afternoon, after lunch, a representative from the Queen’s Court came in. Coincidentally, his honour had just said that there was no one to speak to, and PC Mathew Welsh immediately answered as he was standing close to the entrance door. He said: “My lord, I think I am the one that will represent the prosecuting team today.”
The Judge, who has taking over the hearing apparently due to the absence of Judge Pitt then said that the case of Ibori and Gohil had been there for a long time and that he was ready to prioritise the hearing. Though not holding a defence for Moore, he said that Moore’s difficulty is that he has come to this case at a relatively late stage.
Another problem that has been a huddle to the hearing was said to be the communication gap that has existed between Ibori’s defence counsel and the prosecuting team. To this, his honour promised that that gap will be breached to ensure that the confiscation hearing takes place smoothly.
Ibori would have been due for early release in March this year, or halfway point in December of this year.
However, the assets confiscation hearing which has been scheduled to commence in June may pose another challenge to his release.
Skeletal hearing has been slated for March 8, as Ibori’s team is optimistic that the table will soon turn in their favour. If the case eventually holds, there will be further revelation as to why the DFID is sponsoring the prosecution of Ibori and perhaps it will open a can of worm relating to business investment made by both parties.
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