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The former governor of Delta State, James Ibori has filed a law suit against the Economic and Financial Crimes Commission at the Federal High Court, Asaba, Delta State, asking for N10 billion in damages, for alleged “libel, unlawful harassment and twisted falsehood” by the anti-graft agency.

Ibori, in his suit, is also seeking an order restraining the EFCC from further publishing or causing to be published, any libellous publication against him.

This is just as the EFCC yesterday debunked reports that Justice I.N. Buba of the Asaba High Court had issued an order restraining the anti-graft agency from arresting Ibori.

Also yesterday, the Speaker of the Delta State House of Assembly, Hon. Martin Okonta, along with his principal officials condemned EFCC for declaring Ibori wanted.
The EFCC had on Tuesday declared Ibori wanted for failing to honour its invitation over allegations of fraud being investigated by the agency.

In response, Ibori said he was not on the run and that the Asaba High Court had restrained the commission and its officers from arresting him pending the determination of the substantive motion on notice.

However, the EFCC in its statement yesterday said the alleged court injunction restraining it from arresting Ibori was a fraud.
The EFCC said it had made enquiries from the judge and the court to know whether such order was given and that the response it got was that “no such order was issued by either the judge or the court.”

The statement signed by Femi Babafemi, the commission’s spokesman stated further: “The court only directed the applicants to put the commission on notice while it refused to grant any interim injunction as sought.
“Besides, up till now, no one has served the EFCC any court order; if it is true that one was granted.”

The anti-graft agency urged members of the public to disregard reports on the said restraining order, “as it does not exist.”
Based on this, the EFCC asked Ibori to “come out of hiding and honour the commission’s invitation.”
But the Delta State House of Assembly speaker said EFCC’s action against Ibori “is unacceptable, against the principles of fair hearing and a gross violation of the doctrine of the rule of law.”

Okonta, at a press briefing in Asaba said: “I must confess that an institution like EFCC must comply with the rule of law. This is an obvious violation of the rule of law.
“You are all aware that Ibori was invited to appear on April 17. Today is April 16 and he has already been declared wanted. Is that fair?

“We are condemning the action of EFCC for not following due process and the rule of law.
“We are not saying EFCC should not do its job. What we are saying is for them to comply with due process.
“If you invite an individual to appear before you for an interview, you must allow the time to expire before declaring him wanted.

This obvious violation of laid dawn rules is unacceptable to us.”
Okonta also lambasted Chief Edwin Clark, an Ijaw leader, for allegedly “creating acrimony within the state.”
He added: “The action of E.K. Clark is not only unbearable but unfortunate. That at his age, he is still busy destroying a house (state) he should be helping to build.”

Meanwhile, in his statement of claim in the N10 billion suit filed on April 15 against the EFCC, Ibori averred that the EFCC on April 13, 2010, distributed offensive publications to various electronic and print media houses with wide readership and viewing audience covering Nigeria and overseas.

He also averred that the EFCC posted the offensive publication on the Internet and distributed to websites, thereby libelling him.
He claimed that on the same morning of the 13th of April, various television stations, including but not limited to Channels Television, immediately commenced repeated broadcast of the defamatory words contained in the press release issued and distributed by the defendant declaring the plaintiff a wanted person.

He argued that the broadcast was viewed by members of the public including numerous prominent citizens of Delta State, members of the plaintiff’s family and community, his political associates and by persons within and outside Nigeria.
Ibori in the statement of claim stated that he was immediately inundated with telephone calls and visits from persons who viewed the broadcast of the press release and visited to find out why the plaintiff was on the run from the defendant’s officers who were allegedly looking for him.

He averred that he was not on the run and it was false that the alleged ‘letters of invitation’ referred to in the defendant’s offensive publication were sent to the plaintiff before he was declared a wanted person.

Ibori held that he had previously been investigated and arraigned for a 170-count charge, which was quashed via the ruling delivered by the Federal High Court, Asaba on 17th December 2009.
Continuing the former governor claimed that at 16.20 hours in the evening of the 13th of April, and about 8 hours after the defendant declared the plaintiff a wanted person, one Mike Anibogu, an official of the defendant delivered a letter dated 22nd March, 2010 at the plaintiff’s residence in Lagos requesting the plaintiff to come to its office in Abuja for an interview on 17th April, 2010, which is four clear days from the date on which the defendant declared that the plaintiff was a wanted person it was looking for.,

He stated that the next day being the 14th of April, the offensive words published and distributed to the media by the defendant was carried as headline news by several newspapers including but not limited to Vanguard, The Punch, THISDAY and The Guardian.

“The false, malicious and reckless words published by the defendant referred directly to the plaintiff and the words in their ordinary meaning are very clear and understood to mean that the plaintiff is a fugitive from the law.

“The defendant’s publication lowered the plaintiff in the public estimation,” claimed Ibori
Ibori claimed the EFCC exposed him to public odium, ridicule, disdain, hatred and lowered his integrity in the estimation of right-thinking members of the society.

He claimed his family and social life, business and political career have been adversely affected by EFCC’s publication.
He therefore asked the court for a declaration that the EFCC publication dated 13th April, 2010 headlined: “Why We Are Looking For Ibori – EFCC” was predicated on twisted falsehood, is libelous, and defamatory of the plaintiff.
He is also asking for N10 billion as damages for the libel published by the EFCC.