Ibori
A Federal High Court,
Abuja yesterday dismissed the application brought by Mr. Olalekan
Bayode, seeking to be admitted as a party in the $15 million Ibori bribe
forfeiture matter.
The presiding judge, Justice Gabriel
Kolawole, had on July 24, 2012 granted an interim order of forfeiture of
an unclaimed $15m Ibori bribe to the Federal Government following an
application by the Economic and Financial Crimes Commission.
In granting the order, the judge upheld
the federal government’s claim that the money “If left untouched and
unspent in the state it was kept in the strong room (of the CBN) since
April 2007, may eventually be destroyed, defaced, mutilated and become
useless.”
Justice Kolawole also ordered that the
interim order should be published in national daily “for anyone who is
interested in the property to appear before the court to show cause
within 14 days why the final order of forfeiture should not be made in
favour of the Federal Government of Nigeria.”
That publication triggered a rush of claimants.
But Bayode, who claims to be a fridge
and aircondition technician filed an application seeking to be an
intervener to manage the fund for the benefit of Nigerians.
He said he has decided to intervene
because he did not want the fund to go the way of previously recovered
proceeds of crime which cannot be accounted for by the recipients.
But a statement by the Head of Media and
Publicity of the Economic and Financial Crimes Commission (EFCC), Mr.
Wilson Uwujaren, said the presiding judge rejected Bayode’s application
The statement said: “Justice Kolawole,
while striking out the application, noted that it was completely at
variance with the interim order of court inviting interested parties to
show cause why the money should not be forfeited to the federal
government.
“When I read the affidavit, I asked
myself whether they really heard of the opportunity given through the
publication of the interim order. While I readily overlook the
misconduct of the applicant, I cannot understand the conduct of his
counsel.
“The judge frowned at Barrister Femi Aina’s conduct which he said left much to be desired.
“When the order I made is juxtaposed
with the application brought by the intervener’s counsel, which is
professionally hollow, I consider this as a disregard to court process.
Right of access to court must be made judiciously and not frivolously,”
he warned.
With the dismissal of the application,
the coast is clear for the court to consider the claim of the Delta
State government regarding ownership of the money.
The case had been adjourned to December 11, 2012 for hearing
