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FG Presses Fresh Charges Against Justice Ademolapage 7

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FG Presses Fresh Charges Against Justice Ademolapage 7 Five things you didn’t know WhatsApp could do – Page 3 FG bans importation of Kidnappers murder, vehicles through land borders dump Dangote worker’s ... stops 571,000 tonnes of rice from entering Nigeria corpse inside gutter • Buhari Page 23 Pages 4 & 5 • Bello The Buhari needs $30bn loan to succeed, says Odigie-Oyegun Page 9 CBN to sell dollars to fuel importers Page 24 TUESDAY, DECEMBER 6, 2016 VOL 40 NO. 21,325 www.punchng.com The Punch Newspapers @mobilepunch @+Punchng1 N200 FG presses fresh chargesPage 7 against Justice Ademola ... accuses judge of receiving N8.5m car gift from lawyer ... charges him with using N175m proceeds of crime to buy property • L-R: Chief of Air Staff, Pakistani Air Force, Air-Chief Marshal Sohail Aman; Deputy Governor of Kaduna State, Mr. Barnabas Bantex; Chairman, Senate Committee on Air Force, Senator Duro Faseyi; a former Governor of Gombe State, Senator Danjuma Goje; representative of the Chief of Defence Staff, Danjuma Sheni; and Nigerian Chief of Air Staff, Air Marshal Sadique Abubakar, at the handover ceremony of the Super Mushshak Aircraft presented by the Pakistani Air Force to the Nigerian Air Force, in Kaduna... on Monday. Inset: Super Mushshak Aircraft. Photo: NAN I will not abandon I’ll mourn death of Adeosun, Emefiele back APC, says Bola common sense in Nigeria BoI scrapping, bank Tinubu on January 20 –Soyinka kicks Page 10 PagePage 7 ? Page Page24 ? 2 TUESDAY, DECEMBER 6, 2016 Vox pop Should FG try Ibori after release from UK prison? F an offence has been committed, especially Inow that it borders on corruption, it is H E first issue we have to look at is incumbent on the Federal Government to Tthat the government cannot be barred try the suspect in view of the anti-corruption from prosecuting anyone, provided that stance of the President Muhammadu Buhari the allegations and claims that are made administration. Ibori is serving a prison term are not identical with what he (Ibori) has abroad because he committed an offence been prosecuted, convicted and sentenced against that country’s laws. After that, he for. There is a principle in law known as has to come back to Nigeria and face the offences he allegedly committed here and, ‘double jeopardy.’ This applies when you if found guilty, he should be convicted and have been tried and even sentenced; and sentenced. in this case, he is serving the punishment. Nothing stops the Federal Government But if you raise the issue all over again, from prosecuting him. It is not going to be it becomes a double jeopardy. The double jeopardy. He is serving a jail term essence of taking someone to court is there for the offences he committed there. to punish the suspected offender. There He also needs to come here to serve his term if he is tried, convicted and sentenced. are sanctions for whatever illegal actions I disagree with the notion that he has been a suspect may have taken. However, the tried in the United Kingdom and should not moment someone has been punished be tried again in Nigeria. That will not be for an offence, he cannot be punished double jeopardy. He needs to face the law. again for the same offence. If per chance, •Mrs. Nella Andem-Rabana, (A Senior My personal opinion is that if he does •Mr. Rafiu Balogun, (National Legal there are issues that may not have been Advocate of Nigeria) not face the law, human rights groups Adviser, Nigerian Bar Association) canvassed or tried before, it becomes a must rise and tell Buhari that Ibori must be prosecuted. He must face corruption The NBA and civil society groups must fresh matter. So, the critical issue here is fresh issues? For as long as it is not the prosecution in Nigeria. My personal opinion ensure that all alleged corrupt people are that if they want to prosecute him again, same issue, the Federal Government has is that even if the Federal Government did prosecuted. There must not be sacred they should spell it out. Is it for what he the right to prosecute whosoever has not go ahead to prosecute him, the civil cows anymore. Even now, judges are being has been tried for in the past or are there violated any of the laws. society groups and the NBA should rise up. prosecuted; there is nothing new again. Let The civil society has a duty as the watchdog all corrupt people be prosecuted. Let Ibori, of the society to campaign for a just society. when he comes back, face prosecution in Nigeria. This is my personal opinion. We do not want selective prosecution. RyING him (Ibori) on the same Toffence or offences would mean For example, in the UK, he was tried for going against the principle of double offences relating to money laundering. He jeopardy. Double jeopardy is a principle was convicted and sentenced to prison. In Nigeria, he was alleged to have looted that stipulates that no man should be the resources of Delta State, which was tried twice for the same offence. If you under his care as the governor of the state. have been tried once for an offence and Remotely, you would want to say, there you have been acquitted or convicted, is a connection but in reality, the two you should not be tried again for the jurisdictions are different. same offence. Recall that at some point in this country, If what you are trying him for in he was arraigned in court. He was discharged for some technical reasons and I am aware Nigeria are the same offences he was that the matter is still on appeal in the Court convicted for in the UK, I think that we of Appeal. So, if the appeal now turns out should forget about his prosecution in in favour of the Federal Government, there Nigeria. But if it is for different offence will be no bar for him from being prosecuted or offences, the Federal Government is in Nigeria. I am speaking from the prism free to do so. of the law. If Ibori is to be tried again; I don’t Whether it would amount to humiliation or not is a political consideration. We want know whether it is for the same offence to leave that to the government of the day which he had been tried before. If it is for •Mr. Kehinde Eleja, (A Senior to determine. But legally speaking, there the same offence, then it is not allowed Advocate of Nigeria) is no bar in him being tried in Nigeria. in law. But if it is for a different offence, If he becomes suspicious that he might •Chief Onueze Okocha (A Senior they can go ahead with such a trial. T is common knowledge that James Ibori be tried in Nigeria and decides to stay in Advocate of Nigeria) Iwas tried and convicted for offences UK after his release from prison, it is his relating to money laundering by a court right to stay back in the UK. But we should in the UK. He was sentenced to a prison not forget that there are some laws which term which he is about to complete. Legally confer mutual rights and privileges to the think it will be wrong to try him speaking, that is not a defence or a bar two nations with regard to the extradition Ion the same set of facts for which for him from being prosecuted in Nigeria of persons standing trial or people who he has been convicted. But if there because the composition of the offences are supposed to be standing trial. If the are new, compelling facts for which in the two jurisdictions is not the same. Federal Government is inclined to explore he has not been tried, the state is at Therefore, the Federal Government may that option, of course, that could be used to liberty to look into those facts and proceed, legally speaking, to prosecute bring him back to Nigeria to face trial. But I James Ibori for the offences with which he think that will be dependent on the outcome then prosecute. Generally, I think was charged in Nigeria. of the Court of Appeal. he has gone through a lot of travails. His image has been battered. He was not the only one who was convicted. His wife, girlfriend and lawyer were F he is found wanting he should also convicted. I think he has suffered Ibe tried. If there are things he enough. needs to answer, he can be tried. Again, we must look at the politics I have no objection if there are of Ibori’s travails. Even though the grounds to try him. But if there is no generality of Nigeria may consider ground, why should the government him to be a villain in terms of the go into a futile venture? Even if he offences he was alleged to have is tried, the law is there to take its committed, in his village, he is course. Everything about the case adjudged a hero. If there are no new will be determined by the court. If facts, I will not advise that he should the court says it is not proper to try be further prosecuted in Nigeria. •Wahab Shittu (A lawyer) him, the position will stand. And if it is proper, then the law will take its course. •Chief Wole Olanipekun (A Senior •Compiled by Chukwudi Akasike, Mudiaga Affe, Advocate of Nigeria) Success Nwogu and Afeez Hanafi TUESDAY, DECEMBER 6, 2016 3 07053937947 [email protected] GadgetWith Ozioma Ubabukohsmart #Quick fact WhatsApp’s success story HATSAPP Messenger is a proprietary, cross- Wplatform, encrypted instant messaging client for smartphones.
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