Ibori’s case: My conscience is clear —Justice Awokulehin, who cleared ex-Delta gov •Says there is difference between criminal law in Nigeria and Britain

Written by Johnson Babajide, Makurdi
Monday, 23 April 2012

JUSTICE Marcel Idowu Awokulehin who exonerated former governor of Delta State, James Ibori, now serving 13 years jail term in the United Kingdom, has stated that his conscience is clear over the clean bill he granted the convict.

The judge, who was making reference to his judgment over Ibori’s case at the hearing of a case involving a Peoples Democratic Party (PDP) gubernatorial aspirant, Terver Kakii and Governor Gabriel Suswam at the Federal High Court sitting in Makurdi, the Benue State capital, recently enjoined Governor Suswam’s lead counsel, Mr Jubrin Okutepa SAN, who argued on how a local publisher in the state dragged the judiciary through the mud in his publication not to be disturbed with any publication against the judiciary “once your conscience is clear.”

According to the judge, “let me give you an instance, I read a column in This Day newspaper over my ruling in the case involving James Ibori. The columnist, in his write-up said he wondered what will be running through my mind now that Ibori had admitted guilt in London to the case I exonerated him of.”

Justice Awokulehin further said that there was a sharp difference between criminal law in Nigeria and Britain, stressing that Nigerian law states that any criminal law should be proved beyond reasonable doubt while that of Britain is inference.

The judge, who is based in Nasarawa State but was assigned to handle the case which had suffered a setback,  said “I am always guided by the submission of Justice [Dahiru] Musdapher who said that one should not mind what people say as long as your conscience is clear in your decision.

“What the Nigerian law says over criminal case is that such allegations must be proved beyond reasonable doubt, which is different from British law which is based on inference. What happens there is to assume, so, SAN, do not border about what the witness wrote.”

Mr Okutepa SAN had in his cross-examination of the witness, one Faatever in the case between Terver Kaaki and Governor Gabriel Suswam over last year’s primary election before the judge, said that the witness who is also a local publisher had rubbished the integrity of the judiciary in his local paper, accusing some judges of the Appeal Court of bias.

It will be recalled that former Governor Ibori was last week sentenced to 13 years in prison, having admitted stealing money from his state and laundering it in London totalling over 79 million US dollars.