Another key investigator into the conviction saga involving Delta State Governor, James Onanefe Ibori, the State Security Service, has confirmed that one James Onanefe Ibori was tried and convicted by the Bwari Upper Area Court in 1995.
But the SSS, in an interim report on its investigation into the saga, was silent on the identity of the James Onanefe Ibori.
The release of the report to journalists on Sunday coincided with an alarm by governor Ibori that the police were trying to pervert the cause of justice in their handling of the case.
The police had in their interim report exonerated the governor from the conviction case.
But in what was a complete volte face, the police released what they called a final report which indicted the governor.
However, in its own report dated February 10, 2003, the SSS stated that copies of the receipts acknowledging payment of the fines by the convict were still being traced.
It added that the then court clerk whose name was given as Jafaru Waziri had not reported for work since investigation began.
The interim report by the SSS read, �Following a letter of complaint by the Governor of Delta State, James Onanefe Ibori, dated 27 January, 2003, the Director-General of SSS ordered that paragraph seven (7) of the said letter be investigated.
�The paragraph under reference alleges that one Andrew Oru (Barrister) and Joe Igbuzor conspired with the Judge, Registrar and Staff of the Upper Area Court, Bwari, to alter proceedings of the Upper Area Court Bwari in respect of case No. CR 81:95 decided on 28 September, 1995.
�The investigator immediately proceeded to Bwari Upper Area Court where the case was heard on 3rd February, 2003 where the current Presiding Judge, Isa Alhaji Yahaya, said that all relevant documents in respect of the issue had been removed to the office of the Chief Judge of the High Court at Wuse Zone 5 for safe keeping following the interest aroused over the case through newspaper publications in recent times.
�The Chief Registrar of the High Court was contacted who confirmed that all the relevant documents were retrieved from Bwari at the instance of the Acting Chief Judge who had earlier invited all the Court officials related to the case for questioning and also ordered for their statements.
�The Chief Registrar however, referred the investigator to the judge of Upper Area Court as at 28 September, 1995, one Muhammed Awwal Yusuf currently serving as the principal Upper Area Court Judge at Zone 2, Wuse.
�Muhammed Awwal Yusuf made available the criminal record book in which the proceedings of the court were recorded as at the period under review. Pages 869 to 891 of the criminal record book were photocopied and attached as (APP 1).
�Page 887 of this record book contains a record of criminal proceedings in case No. CR 81-95, Commissioner of Police, as complainant, versus James Onanefe Ibori, the accused, on a two count charge of negligent conduct and criminal breach of trust, contrary to Sections 312 and 196 of the Penal Code. The case ran through pages 887, 888 and 889.
�The sentence is on pages 888 and 889. The case was tried summarily whereby upon a plea of guilt by the accused, the judge sentenced him to a fine of five hundred naira (N500) on each of the two counts or imprisonment of six months on each of the charges. The accused was said to have paid the fine of one thousand naira (N1,000) in the court room and was issued a receipt to that effect before his release.
�A critical look at this criminal record book reveals the following:
� that pages 884 and 885 of the record book have been removed;
� that Muhammed Awwal Yusuf claimed that the records in respect of the trial and conviction of Shaibu Anyebe were contained in the missing pages mentioned above. (See para 5 of APP.2);
� however, the copy of First Information Report (FIR) in respect of Shaibu Anyebe is attached as APP.
� the FIR in respect of James Ibori cannot be traced;
� the charge of Shaib Anyebe and that of James Ibori were similar. They were negligent conduct and criminal breach of trust;
� M.A. Yusuf maintained that both James Ibori and Shaibu Anyebe were arraigned before his court and tried on the same date for similar offence which also received similar sentence;
� that both accused persons were fined with option of imprisonment and that both of them paid their fines and were issued with receipts; and
� that to the best of his (Yusuf) knowledge, they did not appeal against the judgment.
�Meanwhile, the receipts are being traced with a view to having copies for our records.
�The Court Clerk as at then by name Jafaru Waziri, has not reported for work since the inception of this investigation. He is still to be located and questioned in respect of the missing pages in the criminal record book.�
Anyebe had since admitted being tried and convicted.
Yusuf had at the ongoing identification trial at the Federal Capital Territory High Court said he convicted Governor Ibori.
He also told the court on June 30 that the governor who was introduced to him by a member of the House of Representatives, Mr. Bala Ngilari, promised to make him a millionaire if he assisted in bailing him out of the �trouble.�
On Sunday, Ibori called the attention of the public to alleged attempts by the Police to pervert the course of justice in the ongoing case.
His Senior Special Assistant on Media, Mr. Abel Oshevire, told journalists that the alleged conspiracy by the police as contained in their final report would not only crash like a pack of cards but would surely expose the police as an incredible institution.
Oshevire said the police had already concluded plans to release another report on the investigation into the case.
He said the new report did not contain the insignia of the Inspector-General of Police, Mr. Tafa Balogun, and his national honours which were on the first interim report submitted by the force.
He said, �We are aware that the police have released another version of the so-called final report which does not carry Mr. Tafa Balogun�s CFR award, in the first final report earlier brought to the court, last month.�
