Tag: prosecutor

  • Prosecutor reviews ‘link’ between UK aid, Ibori

    Prosecutor reviews ‘link’ between UK aid, Ibori

    Britain’s leading fraud prosecutor is evaluating a material alleging that the United Kingdom (UK) aid might have been channelled to companies linked with convicted former Delta State Governor James Ibori, a top government lawyer said yesterday.

    “As part of that review, it (the Serious Fraud Office) is examining whether there is any indication of an offence falling within the criminal jurisdiction of England and Wales as opposed to criminal jurisdictions overseas,” Solicitor-General Oliver Heald said in a written response to a parliamentary question.

    “No formal decision has yet been made in relation to this matter and no investigation has been opened.”

    The Serious Fraud Office confirmed it had received material from the government’s Department for International Development (DFID) in February but said it was too soon to say whether or not it would launch an investigation.

    A full-blown investigation could be an embarrassment to Prime Minister David Cameron, who brushed aside criticism at home, last year, to increase development aid – aimed at alleviating some of the world’s most abject poverty – by nearly a third to $19 billion at a time of austerity at home.

    Ibori, who governed oil-producing Delta State from 1999 to 2007, was jailed for 13 years in Britain in 2012 after pleading guilty to 10 counts of money laundering and fraud in one of the biggest embezzlement cases seen in Britain.

  • UN chief prosecutor urges Africa to embrace peace

    UN chief prosecutor urges Africa to embrace peace

    The Chief Prosecutor of United Nations International Criminal Tribunal for Rwanda, Justice Hassan Jallow, has urged African countries to prevent internal crisis that would lead to war.

    He spoke at the launching of a book in honour of former deans of the Faculty of Law, University of Lagos, titled: Among giants, memoirs: Deans of the Faculty of Law, by Great Nwakaibeya in Lagos.

    He said the peace building was fraught with irregularities, urging the continent to evolve laws that will safeguard the dignity of man in the comity of nations.

    He said: “We have to learn to do it ourselves and not to wait until crisis come up to destroyed what we have collectively laboured for. We must make sure our laws are adequate to ensure peace building.”

    He said the mechanism should empower African states to effectively discharge their responsibilities to protect their fellow Africans.

    Jallow noted that the mechanism must be able to carry out investigation, tracking and arresting of fugitive, witness protection, handling of sexual crimes and effective court administration.

    Citing the example of what happened in Rwanda, he said the genocide that took place in the country was done in connivance with a former prime minister and cabinet ministers to annihilate some people because of their ethnic background.

    He stated that until Africans learn to handle issues of this magnitude with right law that ensure the dignity of man, it might not make progress.

     

  • Ibori still lives lavish lifestyle, says UK prosecutor

    Ibori still lives lavish lifestyle, says UK prosecutor

    Jailed former Delta State Governor James Ibori still lives a lavish lifestyle, a prosecutor told a British court yesterday.

    Prosecutor Sasha Wass told Southwark Crown Court said despite Ibori’s assets being restrained in 2008, he continued to live a lavish lifestyle, travel and pay fees to the English boarding school where his three children are being educated.

    She quoted Ibori as telling a Swiss private bank in 2004 that he owned 30 per cent of oil firm Oando , which paid $1.2 million into his account that year.

    The court also heard that PKB Privatbank had in an internal document likened Ibori, who governed oil-producing Delta State from 1999 to 2007 to a scion of the Kennedy dynasty in the United States.

    Ibori was jailed for 13 years in Britain after pleading guilty in February last year to 10 counts of fraud and money-laundering worth 50 million pounds ($79.5 million). Prosecutors say his total wealth was likely to be far greater than that.

    Details of Ibori’s assets and how he kept them hidden from the public gaze through a web of shell companies and foreign bank accounts are being disclosed as part of a three-week confiscation hearing which began in London on Monday.

    One of the biggest embezzlement cases seen in Britain, Ibori’s is also a rare example of a senior Nigerian politician being held to account for the corruption that has held back Africa’s most populous nation and top oil producer.

    Wass told the Court that in 2004, Ibori opened an account at Lugano-based PKB in the name of a shell company called Stanhope Investments.

    Quoting from internal PKB documents, Wass told the court that Ibori presented himself to the bank as the owner of an insurance company, half of a bank and 30 per cent of Oando.

    She said a total of $1.2 million flowed into the PKB account from Oando in three payments that year which had later been channelled to other accounts and were part of funds intended for the purchase of a $20 million private jet.

    Shares in Oando, Nigeria’s biggest home-grown oil company, fell by 10 per cent in Lagos yesterday following the first allegation by Wass on Monday that Ibori had hidden assets in the firm.

    Oando said on Monday that Ibori had only an “insignificant” holding in the firm and also said it had sold $2.7 million of its foreign exchange earnings for naira in 2004 to a company that later turned out to be controlled by Ibori, but it did not know that at the time.

    Combined with Ibori’s track record of hiding his assets, this led to the “irresistible inference” that Ibori had further hidden assets which investigators had not yet uncovered, she said, adding that one option of where these might be was Oando.

    Wass also quoted from an internal PKB report from 2004 which said Ibori came from one of a few Nigerian families which had for decades developed the oil industry in that country.

    “We could compare these families with the Kennedy dynasty which also mixed business and politics,” the bank document said.

    Another excerpt said Ibori was “an extremely rich man as he was doing a lot of business before becoming governor”.

    PKB, which is fully owned by the Luxembourg-listed Compagnie de l’Occident pour la Finance et l’Industrie did not immediately respond to a request for comment.

    In the early 1990s, Ibori worked as a cashier at Wickes, a home improvement chainstore in London. He was convicted of theft in 1991 after being caught taking money from the till. A property he and his wife bought in a London suburb was repossessed as the couple could not meet mortgage payments.

    During his time as governor, however, he amassed a property portfolio worth at least $6.9 million as well as a fleet of luxury cars, including a Bentley and a Maybach 62.

  • How Ibori hid cash, by UK prosecutor

    How Ibori hid cash, by UK prosecutor

    Former Delta State Governor James Ibori hid some of his assets in the oil firm Oando and money passed from the company’s accounts to Ibori’s Swiss accounts, a British prosecutor told a court yesterday.

    Ibori, who governed Delta State from 1999 to 2007 and influenced national politics, was jailed for 13 years in Britain after pleading guilty in February 2012 to 10 counts of fraud and money-laundering worth 50 million pounds ($79 million).

    One of the biggest embezzlement cases seen in Britain, the successful prosecution of Ibori was also a rare example of a senior Nigerian politician being held to account for the corruption that blights Africa’s most populous country.

    A three-week confiscation hearing began at London’s Southwark Crown Court on Monday during which prosecutors will present evidence of Ibori’s assets and seek court orders to have them seized. Defence lawyers will dispute the prosecution case.

    Prosecutor Sasha Wass told the court she would be presenting evidence that Ibori had “asserted ownership of a large part” of Oando, Nigeria’s biggest home-grown oil firm which is listed in Lagos, Johannesburg and Toronto.

    “The Crown will assert that Oando is a company where James Ibori has hidden assets,” Wass said, giving no further details. She is expected to elaborate later in the proceedings.

    Oando is not a party to the case, although British lawyer Andrew Baillie was in court representing the firm’s interests.

    A spokesman for Oando in Lagos said that in 2004, the company had sold $2.7 million of its foreign exchange earnings for naira in three transactions over about seven months with a company that had turned out to be controlled by Ibori. Oando did not know at the time that Ibori was behind the company, he said.

    The spokesman also said that at present, Ibori had an “insignificant” shareholding in Oando.

    $15 MILLION IN CASH

    At the time of Ibori’s sentencing in April 2012, Judge Anthony Pitts said the 50 million pounds that he had admitted to stealing may be a “ludicrously low” fraction of his total booty, which could be more than 200 million pounds.

    The confiscation hearing will shed further light on the scale of Ibori’s wealth and determine whether he emerges from jail impoverished or still in possession of a large enough fortune to regain a position of influence in Nigeria.

    Wass said Nuhu Ribadu, a former head of Nigeria’s anti-graft agency EFCC, would testify later in the hearing. He alleges that in 2007, Ibori tried to stop EFCC investigations into his affairs by offering Ribadu a bribe of $15 million in cash.

    Ibori, who is at Long Lartin maximum security prison in central England, could be released as early as 2016 because he spent two years in custody before his sentencing and because he will be eligible for parole halfway through his prison term.

    He was not in court on Monday and his lawyer Ivan Krolick said Ibori did not wish to attend the confiscation hearing although he would come to court to give evidence if necessary.

    In May, the Court of Appeal had rejected Ibori’s appeal against the length of his sentence.

    During his sentencing hearing, the court heard Ibori had acquired six foreign properties worth 6.9 million pounds, a fleet of luxury cars including a Bentley and a Maybach 62, and that he had tried to buy a $20-million private jet. His three daughters were attending a private school in rural England.

    British authorities hope Ibori’s case may stop corrupt Nigerian politicians looking to Britain, Nigeria’s former colonial ruler, as a place to spend money on houses, luxury goods or private education for their children.

     

  • War crimes prosecutor to investigate  violence

    War crimes prosecutor to investigate violence

    THE International Criminal Court (ICC) has launched an investigation into suspected war crimes in Mali, its chief prosecutor said yesterday, as French forces launched a ground assault against Islamist rebels.

    Islamists, some allied with al-Qaeda, seized control of vast parts of Northern Mali last year, raising concerns about human rights abuses and fears that the West African country could become a base for militant attacks in the region and beyond.

    “Since the beginning of the armed conflict in January 2012, the people of northern Mali have been living in profound turmoil,” ICC Prosecutor Fatou Bensouda said in a statement.

    “At each stage during the conflict, different armed groups have caused havoc and human suffering through a range of alleged acts of extreme violence. I have determined that some of these deeds of brutality and destruction may constitute war crimes.”

    Bensouda said she would investigate crimes including murder, mutilation, torture and rape, as well as executions conducted without a judgment from an established court.

    Human rights groups have long demanded an ICC investigation.

    “The ICC’s decision to open an investigation in Mali sends an important message to all forces including separatist rebels, Islamist fighters, government soldiers, and foreign troops that serious human rights abuses will not go unpunished,” said Corinne Dufka of Human Rights Watch.

    She said the ICC team would need strong backing from its member countries, given the difficult environment. ICC judges have in the past said the difficulties of operating in remote, dangerous regions have limited the scope of investigations.

    Bensouda said the investigation would also cover “intentionally directing attacks against protected objects”, a reference to the destruction by Islamists of traditional Sufi shrines in the ancient caravan town of Timbuktu – acts reminiscent of the Taliban in Afghanistan.

    The investigation will focus on crimes committed since January 2012 in the three Northern regions of Mali, Bensouda said.

    “There is still turmoil in North Mali and populations there continue to be at risk of yet more violence and suffering,” she said.