FORMER Delta State Governor, James Onanefe Ibori, was absent from court as the timetable for confiscation proceedings agreed between the Crown prosecutors and his defence team was sanctioned by Judge Anthony Pitts during about half an hour hearing at Southwark Crown Court yesterday morning.
However, the former governor would breathe the air of freedom again as he had been ordered to be produced in court on September 10.
After the leading Crown prosecutor, Sasha Wass read details of the timetable agreed by her team and Ibori’s lawyers, Pitts, the judge who jailed Ibori for 13 years on April 17, agreed to a three-week trial set for June 2013.
Wass opened proceedings for the day, telling the court: “We’re here to keep you informed so that the court can keep a handle on developments.”
She continued: “On April 17, all parties agreed that the six-month” time set for the confiscation proceedings “is unrealistic. We have a series of dates to propose to the court” and all we want is for the court to “sanction it.” After reading out the details, Pitts agreed that the trial should take place in June 2013.
Prior to the trial, the defence team would make their submissions by January 28, 2013 while the prosecutors take to the stand two months later.
However, the confiscation proceedings look set to be a titanic battle due to revelation by the lead defence counsel, Nicholas Purnell, that one of the multimillion dollar assets that Ibori acquired corruptly is the subject of a legal dispute in South Africa.
Besides, Ibori’s lawyers seem to be getting difficulties in accessing the relevant information to assist in confiscating the ill-gotten wealth from the Nigeria end. Punnell told the judge: “The difficulty of trying to extract information from Nigeria is a real one,” and that “the property in South Africa is subject to litigation.” But “once we get updates then we will be able to make presentations and assist the prosecutors in stripping the convicted governor of his £50 million ill-gotten wealth.”
Ibori, who is about to be transferred from Wandsworth Prison to Her Majesty’s Prison in Isle of Wright had wanted to use yesterday’s hearing as an opportunity to breathe the air of freedom for the short ride from Wandsworth to the court and the short hearing, but his lead counsel told the court he was not allowed out by prison authorities.
“Mr Ibori wanted to be here today, but when we visited him last Thursday, he was about to be moved away to a different prison which is about two and a half hours” away from London.
The following conversation ensued between Purnell and Judge Pitts. “ Where is he now?” Pitts asked. “He is still in Wandsworth,” Purnell replied.
Another worry being entertained by Ibori’s lawyers is that should their client be moved away from Wandsworth, it would be more difficult to gain regular access to him and also produce him in court should they need to.
Based on this, Purnell asked the judge to write in support of his application that Ibori be kept at Wandsworth (less than 30 minutes drive to Southwark Crown Court ) than a prison that is two and a half hours drive away from London.
“I intend to make a representation to the Home Office” to that effect and “would want the judge to support the application,” Purnell said. Pitts responded, saying, “I’m ready to support it.”
Meanwhile, prior to the case beginning at 10 a.m., The Guardian spotted one of Ibori’s lawyers, Jonathan Akinsanya outside courtroom five and when asked if Ibori would be attending yesterday, he grinned and replied, “no.” Pressed further on why their client would not be in court, Akinsanya noted that the case was “only for mention.”
When The Guardian later contacted Wandsworth prison, a family support worker said that “prisoners are not allowed to attend court unless it is necessary.”
Unlike his sentencing in April, the courtroom was completely deserted yesterday. There were no cheerleaders or family or friends of the governor on the third floor venue of his hearing. The only people inside the courtroom were the Judge, two court staff, two crown prosecutors, four members of Ibori’s defence team and three journalists.