Ownership of £4.2m seized by UK from Ibori ignites more controversy

The dust raised by the signing of a Memorandum of Understanding (MoU) between Abuja and London for the return of £4.2 Million of the monies confiscated from a former Delta State governor, Chief James Onanefe Ibori, by the government of the United Kingdom, may take a long time to settle.

This is especially so following a disclosure by the Attorney General and Minister of Justice, Abubakar Malami (SAN), that the agreement includes a condition that the funds must be tied to specific projects before it was signed by both parties.

This revelation has infuriated the Delta government, which insists that since the cash was taken out of the coffers of the state, same must be returned to it upon recovery, and that if the Federal Government fails to do so, it will not hesitate to approach the courts to try to recover ‘our money’.

According Delta State Information Commissioner, Charles Aniagwu, who spoke The Daily Times on Tuesday, the news of the repatriation of the 4.2 million pounds (about N2.2 billion naira) which, according to Malami, would be spent on the Second Niger Bridge, Abuja-Kano Road and Lagos-Ibadan road, was unacceptable.

He said: “We would try to take advantage of the legal system for the Federal Government to correct the injustice that they are about to commit to us as a state, All we are asking for is to bring back our money and we can make use of the money, rather than spending the money on 2nd Niger Bridge.

“We don’t want trouble with FG because we are not a state which likes trouble at all. Therefore, what we are asking for is to bring back our money and not to be used for other things.

We have projects that we can use the money for and not for other states, please.” But, human rights lawyer and Senior Advocate of Nigeria, Chief Mike Ozekhome, SAN, does not seem to agree with the either the Federal Government taking the money or the cash being returned to the Delta State government.

According to him, “If the judgement was a federal judgement giving the money to the Federal Government, it means the Delta State government may have just been a treasurer or a mere custodian of the money, because the Ibori offences were federal offences, not state offences.

The best argument for the Delta State government will be that this money can only be transferred to the consolidated revenue account so that it can be shared among the three tiers of government, I do not believe it is money belonging to the Federal Government or to the Delta State government.”

Faulting the Federal Government’s decision to spend the money of Federal projects, the senior lawyer said, “It is an aberration for the Federal Government to want to utilise the 4.2million pounds allegedly recovered from Ibori for any project no matter the importance of the project or its relevance to the people.

“The important thing is that the Federal Government does not have the constitutional powers to ambush any fund that comes into the country and try to use such funds without approval by the National Assembly through an appropriation bill.

“Any money that comes to Nigeria must be paid into the Federal Government Consolidated Fund under Section 162 of the 1999 constitution and it is from that fund that the sharing formula takes effect, wherein the money is shared amongst the Federal Government, the state governments and the 774 local governments areas of Nigeria.

“Any money that comes to Nigeria must be first paid into that consolidated revenue account, no one can arbitrarily or whimsically waylay or ambush it like the Federal Government is trying to do and use it for any project, however lofty, without first being paid into that consolidated revenue fund account, so, it is wrong for the Federal Government to use that fund without the National Assembly’s approval through an appropriation bill, which we call the budget and the Federal Government has not shown us that it has been budgeted for and that the NASS has approved it,” he said.

Also joining in the fray, a civil society organisation involved in asset recovery, the African Network for Environment and Economic Justice (ANEEJ), urged the UK to openly disclose the total amount recovered from Ibori, and that governments and that the government should review the recently signed annex to the 2016 MoU on assets of £ 4.2 million for return to Delta State.

The executive director of ANEEJ and head of the Transparency and Accountability in the Management of Returned Assets (MANTRA) project, Rev David Ugolor in a statement wondered why the assets returned from Delta State people will be used to finance federal infrastructure projects.

Also, kinsmen of Ibori have said his associates forfeited £6.2 million and not £4.2 million. Sunday Agbofodoh, General Secretary of Oghara Development Union (ODU), Lagos State branch made this known in a statement on Tuesday.

The Union called on the Federal Government to insist that every single penny that has been forfeited by Ibori’s associates in the London trial should be returned to Nigeria. ODU said that as the United Kingdom claimed to be acting without ulterior motives on Nigeria’s behalf, all the monies forfeited should be returned to Nigeria.

The union said it has followed the case diligently and knows that the sum the three women associated with Ibori forfeited was £6.2 million and not £4.2 million.

The Union said Nigeria should oppose UK’s hypocrisy and insist that the entire sum be returned to Nigeria, or UK would have been engaged in witch-hunting Ibori for profit, by withholding Two Million Pounds Sterling.

“Nigeria should also demand for the interest on the £6.2 million since 2012 because the money would not have sat idly in the bank without attracting interest.

“The Oghara Development Union stands squarely with Chief Ibori in maintaining his innocence, and so without conceding that Ibori was guilty as charged, and specifying that the forfeited houses were not bought with illicit funds, we nevertheless call on Nigeria to insist that the full worth of the three buildings seized through a court order, be repatriated to Nigeria,” the Union stated.

ODU argued that all assets linked to Ibori were purchased using funds lawfully and properly obtained and some were bought before Ibori became Governor. “Ibori’s businesses and the monies that accrued to them were not hidden from the London and Nigerian “persecutors”.

“The London Police filed in court a paper which showed that one of Ibori’s companies, Mer Engineering, was earning over $7 million annually.

“The forfeited London house linked to the First Lady of Delta state when Ibori was Governor, the Hampstead property, is owned by a family trust.

“The property was purchased by the company, MER Engineering, which shareholding was held by his family trust. MER had obtained facility loan from NNB, a Nigerian bank.

“The value of this property at the time of its purchase was £2.1 million, which was covered by the NNB facility of well over £3 million meant for working capital and financing of assets.

“The second property belonged to Miss Udoamaka Okoronkwo, and was purchased for £249, 000 through mortgage. Miss Udoamaka is a successful business woman as can be seen from the facility letter dated 19 December, 2005 from a bank in favour of her company, Sagicon Nig, Ltd for N121 million (£1.5 million).

“The third property, very modest, belonged to Ibori’s sister, a U.K resident, which she purchased for £140, 000. Her husband is a former Federal Permanent Secretary.

“As a court ordered that the buildings be forfeited, however unjustly, all the monies realised MUST return to Nigeria.

“It is on record that Ibori was a successful businessman before he became a Governor in May 1999, involved in oil logistics (Upstream) and trading (Downstream). “One of his companies, MER Engineering (Nig Ltd), was established in 1992, seven years before he became Governor. He was publisher of a national newspaper called “Diet”, now called “Daily Independent”.

“Also Ibori had a consultancy job with the Federal Government, with a tripartite agreement between him, the FG and the law firm Washington Christian of USA from which he earned between US$ 3 million to US$ 5 million annually, after successfully reaching the specified goals.

“His bank statements with the Bank of Austria, the Citibank, Barclays Bank and the Meryl Lynch for those years will also show that he had substantial wealth of his own before he held public office for the first time in May 1999.

“For instance, on March 11, 1998, his Bank of Austria account contained $557,100.00. His Citibank account contained even more; over $1.5 million dollars in 1998.

In fact, the Nigerian and UK persecutors (instead of prosecutors) knew that Ibori was already a Citibank Gold and Private Bank Member and a Gold Card member of the British Airways before he became Governor.

“But they chose the rags to riches publicity stunt to justify their persecution of Ibori for political reasons. It is well-known that before Ibori became Governor, he selffunded his entire political campaigns – with all the party candidates in 1999.

“This should put to rest the lies that Ibori was not wealthy before he became Governor of Delta state,” ODU stated.

Also reacting to the development, one Austen Akhagbeme said, “One of the very first thing I always remember about the ExGovernor James Ibori and his many travails, is the outright denial of some people of Delta State that their money wasn’t lost and that the ex- governor was innocent.

These were in the days of Nuhu Ribadu, at the preliminary stage of what later turned out to be a psychological trauma for Ibori and those that loved him.

“As at today, James Ibori had been punished by a foreign justice system and has since returned home to roost amid fanfare, pomp and pageantry among his people.

“But his unholy conduct has continued to reverberate, stirring up unusual and equally unholy conversation between the Federal Government who worked assiduously to get the stolen fund repatriated and the Delta State government who stood aloof, undecided whether to go after “their own” or not.

“Ordinarily, it looks rather irrational that monies stolen away from the coffers of a state to a foreign country is being “hijacked” and administered by the Federal Government at will, upon return. Plus that, the money is planned to be spent on federal projects outside the state from where it was taken away in the first place.

“In Nigeria, every public policy is understood and analyzed from the point of view of deep emotions, powered by ethnic leanings and misplaced sentiments.

“Why is it difficult for us to think that such monies, given back to the originating state could possibly ends up in the filthy hands of the same goons, their cronies or their types who put the money to flight in the first place?

“But because we’re always clouded by emotions and a false sense of ethic patriotism, such humane thinking are wilfully ignored and frowned at.

“Before we run riot with our emotions, pertinent questions that bothers on the rightness of both the Federal and the Delta State government to administer the loot need to be asked.

Why would a Federal Government jumped at solely administering the proceeds of a painstaking effort of a foreign Justice system, when it couldn’t successfully prosecute the same case within her shores? Especially so, when the monies were not directly stolen from her coffers?

“Why would a state government, who played no role and tacitly showed disinterest in the recovery of the stolen fund suddenly became interested in its administration, knowing fully well that those who have been accused of wrongdoing are still hobnobbing with the powers that be, within the state?

“It is my humble desire and conclusion that this money should not be given to the state, but should be administered by the Federal Government on federal projects within Delta State only.

Sometimes, let us let go of emotions and call a spade its true name.” Also reacting in an open letter, Hon. Gibson Dick Akporehe, a policy analyst and advocate for justice said, “few days ago, we heard that the Federal government of Nigeria and her British counterpart had finally reached and signed an agreement to repatriate some of the recovered funds from the associates of the former Governor of Delta State, Chief James Onanefe Ibori.

“The good news is that, at least, such huge sum of money is a big welcome in the prevailing economic circumstances. “Therefore, the Federal Government is expected to fairly and prudently put the money to good purpose.

And transparently too! “Notwithstanding the position of Delta State on the heist now established against the former governor’s aides, the indubitable fact about the public life of the former governor is that the only public office he held in Nigeria is that of the governor of Delta State.

That being the unassailable position, whatever and wherever public funds traceable to the former governor as proceeds of sleaze is the fund of no other institution or agency except Delta State.

“Against this backdrop, one is moved to counsel the Federal Government on how the repatriated money should be used by resisting the temptation of owning the money simply on account of the role she played.

“Whilst it’s hard to dismiss the tendency on the part of the Federal Government to claim or own and use the money, it gets worrying to think, from the feelers we are getting that the money would be spent on already allocated and budgeted Federal projects, to wit, Lagos- Ibadan expressway, the second Niger Bridge.

Need we be reminded that these already ongoing projects are not in Delta State save for the latter that connects Delta and Anambra State. Question is, are there no Federal Government projects in the state?”

Also reacting to the development online, a Canada based Nigerian who simply identified as Gabriel, said, “The whole country is just getting weirder.

But who do you blame? We all know if the money goes back to Delta State, what will become of it, right? You can bet, it will be returned to Ibori, at the expense of the people.

“Kids are sitting on the floors, inside leaking classrooms, no functional hospitals, nor roads, no portable drinking water, no food, Fulani is threatening to cut off food supply, and somebody would cross his heart to do this evil against the people, yet same people came out with drums, some left their day jobs and took unpaid holidays to receive him, same was done for Akpabio when he decamped.”

Another online respondent said, “Am happy Delta State is not taking this lying low. Am not a lawyer but am thinking aloud. (1) What did EFCC & the British Government accuse Ibori of?

READ ALSO: Breaking: UK Govt to repatriate £4.2M ‘Ibori Loot’

Answer: Money Laundering. “Whose money was he alleged to have laundered. Answer- Delta State Money.

What criminal charges did Ibori plead guilty of? :Delta State funds when he was Governor of the State. What was the verdict of the British Court? Did the FGN @ any time plead that her money was laundered by Ibori?

At what point during the trial did the money revert to the FGN? It’s good to go to the media buy my humble opinion is for Delta to head to the Supreme Court.”

Also intervening in the matter, the House of Representatives has urged the Federal Government to halt appropriation of the 4.2 million pounds.

The resolution followed to a unanimous adoption of a motion by Minority Leader Ndudi Elumelu (PDP-Delta) at plenary on Wednesday.

The motion was co-sponsored by nine other lawmakers from Delta. Elumelu said the 4.2 million pound, being proceeds of looted funds recovered from former Gov. James Ibori was being transferred to the coffers of the Federal Government for appropriation.

According to him, this is without recourse to the Delta Government. The rep said that the money belonged to the people of Delta and should be refunded to the coffers of the State Government for developmental purposes.

Elumelu said that assets seized by Economic Financial Crimes Commission (EFCC) from other states were returned to those states as the case in Bayelsa and Abia. “If the Federal Government is allowed to appropriate the fund without recourse to the Delta Government, the people of the state will be shortchanged.

“They will be deprived of their legitimate resources to improve on the economy of the state as well as provide the requisite infrastructure for their benefit,” he said.

The house mandated its Committees on Finance, Justice and Recovered Funds to investigate the matter. The lower chambers urged the Ministry of Finance to stop disbursement pending the final determination of the matter by the House.