EXRAJUDUCAL KILLINGS: NIGERIA PROTESTS, GUINEA-BISSAU APOLOGISES

Guinea-Bissau has apologised to Nigeria over the killing of three of her citizens by a mob in Bissau.

TVC NEWS State House Correspondent reports that the apology was made shortly after Nigeria protested the Tuesday incident to the Guinea-Bissau authorities.

Meanwhile, President Goodluck Jonathan had during Wednesday’s Federal Executive Council meeting directed the Ministry of Foreign Affairs to order the Nigerian Ambassador in Guinea- Bissau to take up the matter with the authorities of that country.

The Minister of Foreign Affairs, Prof. Viola Onwuliri, was quoted by our correspondent as saying that her Guinea-Bissau counterpart, personally visited the Nigerian embassy in Bissau where she tendered the apology.

The Agence France Presse had reported that the three Nigerians were killed after the disappearance of a young boy on Tuesday morning in Bissau.

Onwuliri said, “The report we have is that aggrieved citizens attacked the Nigerian embassy with clubs, stones and other dangerous objects. We have protested to the government of Guinea-Bissau. Their (Guinea-Bissau) government has apologised.

“We have also asked for full scale investigation so that the perpetrators will be brought to book.

“Their foreign minister has visited our embassy to apologise. We believe the investigation will reveal the identity of the perpetrators and their motives. We have sent a strong message and I believe they will take it very strongly.”

She added that some suspects who are not Nigerians had been arrested in connection with the kidnapping.

The minister said, “They have arrested some suspects and they are not Nigerians. We feel sad that some of our nationals were killed in the imbroglio.”

Onwuliri, who prayed for the repose of the souls of the victims and commiserated with their families, advised Nigerians “ to steer clear of problem areas wherever they are in foreign lands.”

“We feel sad because this shouldn’t be happening between African countries. This is a country (Guinea-Bissau) we have been helping to find its feet. I know the government of Guinea-Bissau is saddened by the development,” she added.

The minister said since full-scale investigation into the incident had already commenced, the remains of the victims would not be brought to Nigeria now.

She also said the embassy had started taking stock of its destroyed property.

Earlier on Wednesday, the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, had told State House correspondents that the “unfortunate incident” was duly addressed at the FEC meeting in Abuja presided over by Jonathan.

He stated the Minister of State, Foreign Affairs, Alhaji Nurdeen Muhammed, under whose purview issues relating to African countries fall, briefed the FEC on the development and the action so far taken by the ministry.

Abati said, “The Minister of State, Foreign Affairs briefed the council on the unfortunate incident that led to the death of at least one Nigerian in Guinea-Bissau and said the situation is not acceptable. The government has protested the development.

“The ministry had already directed the Nigerian Ambassador in Bissau to take up the matter with the Foreign Ministry of that country. That is a further confirmation that this government react proactively wherever any Nigerian has any issue in any part of the world.

“It will interest you to know that Nigeria maintains a robust relationship with our neighbouring countries. That matter was addressed at the council today and Nigerians can be assured that the issue will be resolved quickly.”

The National Assembly and the Nigeria Labour Congress advised the Federal Government to demand full explanation of the killing.

COURT ORDERS RETRIAL OF IBORI’S CASE AS LONDON POLICE LACK SUFFICIENT EVIDENCE FOR PROSECUTION

“I feel that this case inevitably requires decision that is probably based on proper evidence. This matter must proceed in a way to make proper decision….it seems to me to hear somemore evidence.”

James Ibori

A United Kingdom court yesterday ordered a retrial of assets confiscation case against former Governor James Ibori of Delta State as the prosecution did not have sufficient evidence to achieve a successful prosecution.

The London Metropolitan Police which is prosecuting Ibori had admitted in open court on the last day of the hearing that they lacked enough evidence to support  allegations of fraud, corruption and money laundering against the former governor.

The trial judge, Mr Anthony Pitts, therefore granted the Crown Prosecution’s request and adjourned for a retrial after both the prosecution and defence have made their final submissions in the hearing which was supposed to end yesterday.

Reacting to Judge Anthony Pitts’ judgment, James Ibori said “after eight years of criminal investigations, five adjournments and over 50 trips to Nigeria, the prosecution failed to provide any tangible evidence to support their claim that I defrauded Delta State.”

“Their case collapsed to such an extent that on the very last day of a three weeks hearing, they were humbled into making an application to the judge for permission to start again which the Judge unceremoniously granted”.

Judge Pitts acceding to the request of the prosecution and adjourned for retrial. Judge Pitts said: 

“I feel that this case inevitably requires decision that is probably based on proper evidence. This matter must proceed in a way to make proper decision….it seems to me to hear some more evidence.”

Giving the crown prosecution the green light to go for more evidence to support their confiscation claim, Judge Pitts said: “I need to be in a much better position more than I am now to make a better decision. I am going to adjourn this proceedings till early next year.”

As the confiscation hearing opened yesterday, Ibori’s lead counsel Mr. Ivan Krolic, as part of his skeletal legal argument against the background of Ibori’s guilty plea during the trial said “the making of confiscation determinations is governed by different procedural requirement from trial procedures and different standard of proof is to be applied.”

Krolic cited many authorities to support his case that a guilty plea in confiscation does not mean that the defendant has the full benefits of the guilt. He submitted that “the burden lies on the prosecution to prove to what extent the defendant has benefitted from the offence and in this case, we are relying on the prosecution’s own evidence that is set out in section 73 as provided in their often trumpeted 63,000 pages of evidence before this court from the start of this proceedings.”

Relying on the authority of the case of Mcintosh and Rezvi 2010 Krolic said “the court held in paragraph 22 that a plea of guilty did not amount to an admission from which a conclusive inferences can be drawn pursuant to section 10CJA 1967.

Where the defendant has pleaded guilty, it is important for the prosecution to prove their case, I have shown you that what the prosecution has put forward in their 63,000 pages trial bundle is not supported by any iota of evidence.”

The lead Crown prosecutor Sasha Wass, in her arguments said “your honour we will ask that these proceedings are brought to a halt and list it for another hearing so that we may call more witnesses.”

Krolick not satisfied with the prosecution’s request for a halt of the court proceedings and allow for a retrial, urged the Judge to hear the case to the end and give judgement based on the submissions made by both the prosecution and the defence.

He said: “We do not say that the conviction should go, we do not attack the conviction, we are only concerned by what has been obtained by Mr. Ibori in connection to the charge. Trying to persuade the Judge not to adjourn for retrial as being pushed for by the prosecution having found out that they do not have the evidence to back up their confiscation claim.”

Krolick said: “We are not even suggesting that witnesses are required…we are only saying that 

Ibori did not obtain what he has been accused of obtaining and that it is now crystal clear that the prosecution do not have evidence to link funds from Delta State to him and that the court should make its decision on that basis.”

James Ibori’s lead counsel’s subtle persuasion could not persuade Judge Anthony Pitts against granting the prosecution’s request for adjournment and retrial to call more evidences against Ibori. The court therefore adjourned till December 19, 2013, for preliminary direction of the confiscation proceeding – preparatory for a totally fresh trial.