Early into the second day of the money laundering trial, involving female aides of the former governor of Delta State, James Ibori, the counsel to Adebimpe Pogoson, a defendant, requested from the judge a “total ban” on news coverage of the case, citing online publications on the case by Nigerians using Facebook, a popular social networking website.
The lawyer, Oba Nsuigbe, reportedly took up almost all 40 minutes of yesterday’s trial to ask that Nigerians be barred from attending the trial. Sources disclosed to NEXT that Mr. Nsuigbe said a Facebook publication by “a Nigerian activist”, as well as news reports by some Nigerian media organisations, would influence the outcome of the trial.
But in a remarkable decision which was broadcast on news websites within seconds, the trial judge, Hardy, yesterday insisted he had no powers to muffle news organisations and bloggers, or stop Nigerians from attending the trial.
“There is no need to exclude Nigerians from court hearings because it is about them and their country,” he was quoted as saying.
Members of the public who turned up at the Southwark Crown court in London to observe the trial, which began Monday, were mainly Nigerians. Digital cameras were also confiscated before entry was granted.
Witnesses told NEXT that on that day, Andrew Trollope, counsel to Christine Ibori-Ibie spent “considerable time” seeking an order from Mr. Hardy to enforce restrictions on media reporting of the case.
Mr. Trollope reportedly alluded to the “intimidating presence” of the Nigerian public in the court’s gallery when making his opening statements.
Opening statements
Before yesterday’s hearing on media restriction, NEXT’s sources revealed that the prosecution and defence teams opened the UK trial with a series of statements. The defence counsel sought a discontinuation of the case, with
Mr. Nsuigbe arguing for the outright dismissal of the UK trial, saying that already, Mr. Ibori was being arraigned in a Nigerian court and his client was also implicated in that suit.
Mr. Trollope on his part sought the extradition of his client to Nigeria, also to enable her stand trial alongside Mr. Ibori.
Mr. Trollope reportedly argued that should Mr. Ibori be discharged and acquitted by Nigeria’s courts, it would be improper to arraign him and his accomplices in another country a second time. He asked that the UK trial be suspended, until the verdict of the Nigeria courts were in.
Prosecution counsel, Wedge, appealed to the Crown Court to continue the case in London because evidence for the case was domiciled in the United Kingdom, and a fair trial could not be guaranteed if the accused were extradited to Nigeria.
Hearing both sides, Mr Hardy dismissed the defendant’s appeal for a suspension of the case pending the outcome of the Nigerian trial. He said unless fresh circumstantial evidence with the potential to jeopardise the UK trial emerged before his court, the case would continue.
Nigerian lawyers react
Nigerian legal practitioners who spoke to NEXT on the telephone, expressed varying opinions.
Akin Oyebode, head of the Department of International Law and Jurisprudence, University of Lagos, said the UK’s decision to continue with the trial was “no surprise”.
“If the ‘essential ingredients’ of the crime are complete in England, that country has the jurisdiction to try the matter.
In fact, that they are on trial in England, in my view, refutes the claim of Nigeria to be pursuing an anti-corruption war.”
Funke Aboyade-Cole said justice, rather than location, was the issue at stake: “I don’t see why one trial here should stop the other in the UK. I reckon that the case in the UK will be finished first.
"The likelihood of long adjournments, wasting time or buying time does not rise with the UK. I support any trial that will bring out the truth, whether here in Nigeria or in the UK. Let Nigerians know the truth.”
The implications of the prosecution’s argument that the Nigerian trials would not be transparent also hit a sore note.
Rotimi Akeredolu, President of the Nigerian Bar Association (NBA) said the comment was significant: “My personal view, and not that of the NBA, is that this is one of the cardinal points why most countries have not been trying to ‘co-operate’ with Nigeria.
"It is left to the government of Nigeria, which has used ‘rule of law’ as its mantra, to prove that we also have a justice system in Nigeria.
“This is a high-wire political case, no doubt about that. One way or another, the outcome of this, Nigerians and the international community will use it to judge the government,” he added.
Jiti Ogunye, head of the Lawyers League for Human Rights said the country’s prosecution record is to blame: “Both the prosecution and the bench in England may have taken notice of the fact that such cases are not tried with speed and conviction in Nigeria.”
He also described the continuance of the trial in the UK as a ‘welcome development,’ “since the Nigerian courts - because of executive interference one way or another - have not been allowed to jail these scoundrels, I think it is proper for every patriotic Nigerian to encourage courts outside the country to jail them for us, in a manner of speaking, so that at least for us at home, we might have some respite.”
Mr. Oyebode also took issue with the Nigerian government: “Mr. Aondoakaa (Attorney-General of the Federation) might not be aware of this, without prejudice to his brilliance, but they need a lot of help. I am talking of the Federal Ministry of Justice.
"I am not sure they are properly versed, in terms of knowledge of international law. I am just saying that definitely, it seems like there is a vacancy for Minister of Justice and Attorney-General of the Federation.”
Bail conditions
The Southwark Crown court has given the following conditions to the defendants as regards their bail. Aside surrendering their passports, the accused are not to travel within 300 metres to airports and seaports. They must also report to the nearest police stations to their places of residence every Monday, Wednesday and Saturday.
They are also requested not to apply for fresh passports or international travel documents of any sort, pending the final verdict of the London trial. Hearing continues today (Wednesday) at 10am prompt.
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