Ibori’s $15m: Court dismisses interloper

Nnamdi Felix / Abuja

Justice Gabriel Kolawole of a Federal High Court sitting in Abuja on Friday declined to grant an application brought before the court by an interloper, Mr. Olalekan Bayode, who claims to be a fridge and air conditioners technician at Alagbado, a suburb in Lagos state, asking that he be appointed by the court as an intervener to manage the $15 million alleged Ibori bribe, for the benefit of Nigerians through a Trust.

The court held that the application is a gross abuse of court process which is calculated to ridicule and trivialize an issue which bothers on the corporate image of Nigeria, a matter which Nigerians earnestly await its outcome.

The court noted that Mr. Olalekan Bayode would have been termed a criminal suspect if not that the subject matter of the case appears to be proceed of crime and the fact that he stated that he wants to manage the money as a trust fund on behalf of Nigerians and to publish his books for the public to see how the fund is being managed.

Justice Kolawole further noted that the application brought on behalf of Mr. Bayode by his lawyer, Mr. John Olufemi Aina, who claimed to be practicing in both United Kingdom and Nigeria, has no correlation with the order made by the court wherein any interested party was directed to come within 14 days after the order was made, and show cause why the court should not made a final order of forfeiture of the unclaimed money.

Both the Economic and Financial Crimes Commission represented by Mr. Rotimi Jacobs, a senior advocate of Nigeria, and Delta state government opposed Mr. Bayode’s application.

Mr. Ajuya, the Attorney General of Delta state had earlier opposed Mr. Bayode’s application to be made an intervener in the matter and argued that he has not shown any reason for him to be joined in the matter and contended that the court’s order made in July was for any interested party to come and lay claims to the money but that Mr. Bayode’s application was an offer to be allowed to manage the $15 million on behalf of Nigerians.

He posited that the management of the money or who will manage it efficiently are not the business of the court but the ownership and categorically stated that the money belongs to Delta state and that the state can manage it efficiently and therefore urged the court to refuse the application.

On his part, Mr. Jacobs pointed out that for Mr. Bayode to be joined as an intervener, that he needs to show that he is an interested party to the subject matter of the case and has a legal right that is being threatened by the case as well as show that the court cannot effectively and effectually decide the matter without him. He contended that the applicant had not show any interest other than to say the he is a Nigerian citizen and beneficial owner of the unclaimed money.

He further reminded the court that its order was for any one who has interest to come forward under section 17 of the Advance Fee Fraud Act, before the court makes an order of final forfeiture of the money.

“The person envisaged by that section is the genuine owner of the money in question and not a busy body such as Mr. Olalekan Bayode who claims to repair Air conditioners and Fridges at Alogbado in Lagos state. He is not asking for the money to be forfeited to him as the owner and this clearly makes him a stranger in the matter” he added.

After dismissing Mr. Bayode’s application, the court adjourned to 11th December to hear the claims of the Delta state government which wants to money to be returned to the state.