On June 4, 2008, the UK High Court issued a Restraint Order against properties, accounts and other assets owned and/or controlled by Governor Ibori and legal entities Haleway Properties Limited; Telaton Quays Limited, Stanhope Investments Limited, and Erin Aviation Limited located within and outside of the United Kingdom. (Source: IN THE MATTER OF James Onanefe IBORI, Restraint Order Prohibiting Disposal of Assets, UK High Court, Queen's Bench Division, June 4, 2008.). In February 2012, in reporting on Mr. Ibori's guilty plea in the UK, the BBC News reported, "Some $35m of his alleged UK assets were frozen in 2007." (Source: BBC News, "Nigeria ex-Delta state governor James Ibori guilty plea," February 27, 2012.)
On November 17, 2008, the High Court also issued a Restraint Order against assets related to Bhadresh Gohil, including in India, Hong Kong and the UK. (Source: IN THE MATTER OF Bhadresh Babulal Gohil, Restraint Order Prohibiting Disposal of Assets, UK High Court, Queen's Bench Division, November 17, 2008.)
[Source: StAR desk research/public source of information]
According to a May 2014 statement by Nigeria's Economic and Financial Crimes Commission, a lower court decision to strike out "all 170-count charge of money laundering preferred against former governor of Delta State, James Onanefe Ibori by the Economic and Financial Crimes Commission, EFCC, a three-man panel of justices at the Benin Division of the Court of Appeal today, May 15, 2014 ruled that the ex- governor who is currently serving a 13-year jail term in a London prison, has a case to answer." (Source: EFCC, "Money Laundering: Ibori Has Case to Answer - Appeals Court," May 15, 2014.)
According to the US Department of Justice, "Governor Ibori was convicted in the United Kingdom of money laundering and conspiracy to defraud and was sentenced by a British court on April 18, 2012, to 13 years in prison." (Source: US Department of Justice Press Release, "U.S. Restrains More Than $3 Million in Corruption Proceeds Related to Former Governor of Nigeria," July 23, 2012.)
[Source: StAR desk research/public source of information]
At time of reporting (2020), there was an ongoing investigation/prosecution related to this case in the country of origin (Nigeria) and in the country of asset location (United Kingdom).
[Source: StAR desk research/public source of information]
Nigeria reported a slightly different confiscation amount of 6,800,000.00 GBP in the UK in 2011. Asset type at time of confiscation: cash/bank deposit, real estate, aircraft. Nigeria also reported that, the confiscation and its enforcement order were in 2011 in United Kingdom. The asset freezing/seizure order was United Kingdom. The freezing order was enforced in United Kingdom.
Assets returned
The UK returned these proceeds under the spirit of UNCAC but a memorandum of understanding was agreed outlining the use of funds and the monitoring arrangements.
There were special arrangements regarding the monitoring and disbursement of returned assets. Monitoring Civil Society Organizations will be appointed on an annual basis and renewable each year until the returned funds have been spent. The Monitoring CSO(s) will be part of a Nigerian Monitoring Team focused on compliance with applicable anti-corruption laws and regulations and international anti-corruption standards. See sources.
| Document Title | Size and Format | Document Type | |
|---|---|---|---|
| Link | Media article | Go to site | |
| Link | Media article | Go to site | |
| Link | Asset Return Agreement/MOU | Go to site | |
| Link | Government report / press release | Go to site | |
| Channels Television article | 545.01 KB pdf | Media article | Download |
| US Ex Parte Restrain Order DDC May 2012 | 119.75 KB pdf | Court document | Download |
| US DDC Response Show Cause Order Jul 16, 2013 | 38.88 KB pdf | Court document | Download |
| US DOJ Press Release July 23, 2012 | 350.47 KB pdf | Government report / press release | Download |
| US Restraint Order Nov 2008 | 1.07 MB pdf | Court document | Download |
| Vanguard article | 583.71 KB pdf | Media article | Download |