…Plaintiffs have no locus standi –Judge
From GODWIN TSA, Abuja
A Federal High Court sitting in Abuja yesterday dismissed a suit that should have compelled former military President, Gen. Ibrahim Babangida over the N12.4 billion Gulf War oil windfall. The court refused to order his trial and others over the amount which accrued to the nation during the Gulf War between 1988 and 1994. Babangida stepped aside from ruling the country in 1993.
The money was said to have been recorded by the nation as excess revenue from crude oil during the outbreak of the Gulf War that shot up oil price in the international market. Delivering judgment in a a suit filed against the Attorney-General of the Federation (AGF) and the Central Bank of Nigeria (CBN), Justice Gabriel Kolawole declined to order the trial of the former military leader as a result of the incompetence of the legal action.
The suit was instituted by six human rights bodies seeking an order of the court to compel the government and CBN to make the account of the $12.4billion oil windfall available to the public through publication in four major national newspapers. The rights bodies in the suit filed by their counsel, Mr. Femi Falana (SAN), claimed that the oil windfall was kept in a Dedicated and Special Account with the CBN with a mandate that it would be utilized to fund Nigeria’s three major development projects.
The three special priority projects are the Shiroro Hydro-Electricity, the Ajaokuta Steel Company and the National Iron Ore Mining Company (NIOMCO), Itakpe They also applied for the order of the court to put on trial those suspected of corruption in the management of the fund and to order them to refund to the coffers of the country any amount so allegedly mismanaged while the culprits are to also compensate Nigerians for denying them their rights to natural wealth.
In the suit, the plaintiffs averred that the failure of the Federal Government to release detailed statement on the oil windfall be declared illegal, unlawful and violation of the Article 9 of the African Charter on Human and Peoples’ Rights Act. They claimed that the windfall was documented by the probe panel of the late renowned economist, Dr. Pius Okigbo, whose report was not made public since it was submitted. However, the Federal Government and CBN denied having any report on Okigbo panel and never gazetted or published same because it could not be located.
The two defendants asked the court to dismiss the suit because there had been no Special or Dedicated Account for any oil windfall at the CBN and that the six plaintiffs have no locus standi to institute the court action. Besides, the two defendants also opposed the case for being statute barred, having been titled several years after the purported submission of the Okigbo report.
Delivering judgment, Justice Kolawole held that the plaintiffs failed to establish their claims against the defendants because of their failure to produce and tender the Okigbo report that documented the oil windfall. He said that the News magazine report of 2005 relied upon by the plaintiffs to establish their case was not admissible in law because it was not a White Proper or Federal Government gazette on the matter.
In addition, the court held that the suit was statute-barred because it was not filed within 12 months the alleged Okigbo report was submitted, while the plaintiffs have no locus standi to file the case because they did not prove how the non-accountability of the spending of the money affected their fundamental rights. Justice Kolawole said that throughout the trial, the plaintiffs did not prove the existence of the Dedicated and Special Account in CBN where the money was allegedly kept.
He dismissed the suit. The six plaintiffs are Registered Trustees Of Scio-Economic Rights & Accountability Project (SERAP), Women Advocates Research & Documentation Center (WARDC), Access to Justice, Committee for the Defence of Human Rights. Applicants (CDHR), Human & Environmental Development Agenda (HEDA) and Partnership for Justice. However, Falana vowed to appeal against the judgment next week at the Abuja division of the Court of Appeal.
IBB is not as stupid as one may think, he has cleverly covered his track. The evil geniour himself.
mr falana should go and sit down joor,instead of them to look at what is on ground now they are busy using thier personal beef to waste our time.Look everyone Nigeria is doomed coz we never face reality.Let us face good lucks government and face it good,them ibb and obas please leave them out of all this their time don go.
Histroy must be addressed if the future will be clean. Otherwise there will be no precedence.
We can’t continue to let these folks empty our cofers when our sons and daughters travel the globe trying to escape from a land blessed by God and cursed by it’s leaders.
Tommy u said well,this plple want us to go back instead of present issue,if the case has not concluded for past years wat is the issue now or this plple of falani and co want money for xmas let them be open up
Hummm!!! Babangida and Co.Is it not too late for this?As far as Babangida is concerned,that money has entered voicemail.
No court in nigeria will convict IBB,OBJ etc.take them to ICC if ur serious.our courts must find one reason or d other to give in order to throw away any high profile case.it took a London court to convict Ibori.BZM have taken d FG to court,just wait & see how d court will shy away from its responsibility.
Gudluk Jonathan,u cannt probe IBB,Gulf money has come & gone for a longtime,now Gudluk tackle d one dat at ur doorstep if ur hands are clean.
Settlement. All the party involved must be settled even the justice himself as well, look at the trash he is insinuating. The money has gone forever because Nigerian corruption is now international but the money in question is too much (12.billion dollars)
you guys that is commenting has no wisdom and that is why nigerian can not stand any day, how can a reasonable person say that gov should forget this and go ahead that is stupid, so you think that if a leader is corrupt you can do him anything while he is still in power? dont you know that if really this people call IBB, OBJ can be hold responsible now that they are not in power they ones that is in power will be afriad of doing the same , all of you that thinks that GEJ will do a miracle is just dreaming
KUDOS SERAP, so long as we know, and they know that we know, and we know that they know that we know…then let them know and we shall never be silent. Just return the money before death comes ortherwise your place in eternity might just be hot enough for suya. No joke, same with other political crooks.
de so calld yorubas should leave IBB alone let dem face what is on ground nw, we hve witnesse more corrupt cases in Nigeria since 1999 more dan military regime
Look at there fools! You are going into case that is very old, haven’t you seen any evil worst than that since 1999 til date. My friends go use ur time judiciously.
Look at there fools! You are going into case that is very old, haven’t you seen any evil worst than that since 1999 til date. My friends go use ur time judiciously. How far ve you gone wit bankole, Iyabo obasanjo, even de evil going on in national assembly. What happen to the part of subsidy removed from PMS. Better go and relax allow de sleeping dog lies
Look at these fools! You are going into case that is very old, haven’t you seen any evil worst than that since 1999 til date. My friends go use ur time judiciously. How far ve you gone wit bankole, Iyabo obasanjo, even de evil going on in national assembly. What happen to the part of subsidy removed from PMS. Better go and relax allow de sleeping dog lies
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I don’t have anytin to say am only supporting the writer that said the momey don enter voicemail
We are not serious and ready to prosecute anybody yet,because we know the truth but we decided to chase shadows.
The present administration is stealing public fund.Why are they talking about IBB’s loot?,while Obasonjo is reacher than IBB.Please how did Obasanjo and Atiku make their money?.
Why would Nigerians comment on allowing those that stole our funds go unpunished? This is absurd! For the fact that our judiciary system is not reliable does not mean that we will stop the fight against corruption. The funds realized from the Oil windfall were meant for the development of this country, and some greedy individuals sidelined the funds for their personal gains, and all some Nigerians could say “let the sleeping dog lie” What a same! We seem to forget that if these funds were used judiciously, you and I will not be in this mess called Nigeria.
Frank, watch ur mouth and stop saying what you don’t know.
Who are you to say that a Federal High Court Judge insinuated trash? Don’t you have some respect?
While we all have the right to approach the courts, there is also the burden of proving our cases in court. This burden is discharged by bringing admissible evidence and not by relying on rumours.
Frank, watch ur mouth and stop saying what you don’t know.
Who are you to say that a Federal High Court Judge insinuated trash? Don’t you have some respect?
While we all have the right to approach the courts, there is also the burden of proving our cases in court. This burden is discharged by bringing admissible evidence and not by relying on rumours.
That’s how cases are won and or lost.
That gulf windfall money is a blood money so let the curse be on the head of ibb..
Two stupid old animals, OBJ & IBB. God will surely punish both of u
Who does not know that a demon like IBB, is above the nigerian law. How can you indict a man with over 12.5b dollars, 1m dollars is enough to buy all the juges in nigeria judiciary. Just leave IBB and see how God punishes the wicked like him.
THE SAME KIND OF JUDGE THAT CLEARED THIEF JAMES IBORI of 127 criminal count charge! What do you expect? Nigeria is doomed.
The end shall tell.
Nigeria has a lot of hidden facts that cannot be revealed except one steps on the toes of powers that be. How many times Ibori;s case was thrown away for lacking merit in the Nigeria court? But today Ibori is serving jail term in the UK. IBB case on the gulf oil will continue to be thrown away as long as IBB maintain a cordial relationship with the existing Governement. But don’t be surprise that the case will see the light of day if taken to UK because UK have facts about Nigeria that Nigerians themselves do not have.
NO body is against the Law, No matter who you are either IBB or OBJ we all are Nigerian and equals right. Listen our President Good Luck Jonathan ,remembered that US president Barrack Obama said that we need More Changes together with Revolution means we Nigerians should work with new changes contrary to the laws of our country so that Nigeria Economy can balance like other countries. Meanwhile, president Good Luck Jonathan a good leader must show the good example ; let Federal High Court bringing those thief politicians and our EX-leaders into judgments so that our country Nigeria will enjoy real Democracy; because if Federal High Court fail to bring those corrupted leaders into Justice means No changes in our government Yet; We don’t need Government of Demo-Crazy in this Revolution Time; Again if Good Luck Jonathan government can not stop bribing and corruptions in our country Nigeria means we never have a good leader and real Democracy. Surely any person who eats Nigeria money illegally must bring it out because if we do not recover those Thief Funds other’s will immitaite with them to thief more and more. Please Let Justice be done accordingly because Nigeria Money is not for personal use, Is for all Nigerian we stand in Equal right and Justice.
Waste of time, Nigeria is known for pady pady business. Let them continue. They will ripe what they sow.
Justice Gabriel Kolawole is a traitor to Nigeria judiciary. U re afraid to implement Dr Okigbo,s report on gulf oil windfall. Even that animal that calls himself CBN governor aided to say their is no official gazette to such effects, tell me if Sanusi is not among enemy of the nation in disguise. IBB will just go and enjoy his loot, Oh my God.
The only problem nig hv is we lack to show or lay example to others that is why we will continue to wallop in corruption. I mourn for my country!!!
how i wish dat 9ija citizens will begin 2 use their mentle(brain) in some certin issues.I think FALANA is a nice fellow cuz if we can’t look at our past mistake their will be no rum for beta 2moro.i was taught by my lecturer dat corruption is a consequence of our past mistake.Can we look at hw much ibb is charge with? where hav he invested this money? was it in the right way no body knws.But the issue is this how can they produce an evident s on these case that this wolves can be brought to the will of the law.FALANA CARRY ON MY LEARNED COLLEAGUE!
Falana pls take this case to another court of competent jurisdiction,dat justice may be administer to it.Cuz i dn’t trust dat dog dat call himself judge whose name is corruption.
Falana is nothiig than a toothless bulldog designated himself out for noise-making,trying to be relevant & searching for bribe.Idiot dat was shouting on media how he wud take Andy Ubah to court concerning d 15m dollars of James Iboris case till date we never heard anything on dat again,Andy Ubah might hav given him bribe.IBB will never give u kobo or fadding.Noise Maker.