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Ibori: Court
of Appeal hears case on March 9
By Rotimi Fadeyi,
Senior
Correspondent, Abuja
The Court of Appeal sitting in Abuja has fixed March 9 for
hearing in the appeal filed by two members of the Peoples Democratic Party
(PDP) challenging the November 8 judgement of Justice Hussein Mukhtar of an
Abuja High Court which declared that Governor James Onanefe Ibori was not the
person convicted by a Bwari Upper Area Court on September 28, 1995 for criminal
breach of trust and negligent conduct.
The appellate Court fixed the date on Thursday when the case
came up for mention. It also granted the request of the appellants for
accelerated hearing of the appeal. The two PDP members challenging the judgment
are Goodnews Agbi and Anthony Alabi
Counsel to the appellants, Chief Gani Fawehinmi (SAN) told
the three-man panel of the Court presided over by Justice Tanko Muhammad that
he was withdrawing his earlier prayers for departure from the rule of court to
compile record of appeal. He explained that Adetunji Oyeyipo (SAN), who is the
counsel to governor Ibori and the counsel to the Peoples Democratic Party (PDP)
had been served with the official record of the Court.
But initially, there was a misunderstanding among the
counsel as to whether the record of the Court was complied by Fawehinmi or by
the Court. The issue was finally resolved when Justice Mohammed told the
lawyers to read through the record of appeal that they were served. According
to him, they could make any addition if they are not satisfied with the record
of appeal already compiled.
While Chief Fawehinmi was given seven days to file brief of
argument, Obialor and Oyeyipo were given 45 days within which to file their
separate briefs of argument.
Ibori had already asked the Court of Appeal to affirm the November 8 judgement of Justice
Hussein Mukhtar which declared that he was not the one convicted by a Bwari
Upper Area Court in September 28, 1995 for criminal breach of trust and
negligent conduct.
In the cross appeal filed by his counsel, the governor said
that the appellate Court should affirm the judgement of Mukhtar on other
grounds other that the ones that were contained in the judgement of Justice
Mukhtar.
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